Court suspends ruling on Wavinya

Machakos County governor aspirant Wavinya Ndeti. (Photo: Elvis Ogina/Standard)

The High Court has temporarily set aside the ruling by the Independent Electoral and Boundaries Commission (IEBC) Dispute Resolution Tribunal that annulled Wavinya Ndeti's Wiper certificate to run for Machakos governor's seat.

Judge George Odunga Friday granted a stay of the ruling pending the hearing and determination of the judicial review filed by Ndeti.

"Even if Wavinya's name is included in the Gazette notice and eventually the application fails, nothing stops the commission from omitting her name from the ballot papers with the result that no one shall have been unduly prejudiced," Justice Odunga said.

Ndeti's certificate was nullified on the grounds that she was a member of two parties -- Wiper and Chama Cha Uzalendo (CCU).

Odunga said in granting the stay orders, he was balancing the interests of the parties involved and taking into account the public interest.

Ndeti had moved to court under a certificate of urgency, saying the IEBC's decision is prejudicial and violates her right to participate in public elections. She said it also threatens to violate the political rights of people of Machakos County to freely elect a person of their choice as governor.

Earlier, Nominated Senator Elizabeth Ongoro was cleared to run for Ruaraka parliamentary seat after the tribunal ruled that she was no longer a member of ODM 120 days before polls.

ODM member Fredrick Ayieko had petitioned the electoral agency to bar Ongoro from contesting the seat.