Businesswoman Mary Wambui will now have to wait until Friday to know if her rival Mugambi Gichuki will give up his claim to the TNA ticket for the Othaya parliamentary seat.
Through lawyer Cecil Miller, Wambui reached consent with TNA which was represented by lawyer Linda Milimu before IEBC’s Dispute Resolution Committee, to conclude the matter after the party reinstated Wambui’s name on the final list.
However, Gichuki through his lawyer objected to the consent signed between Wambui and TNA saying that the deal was reached without consultations.
On Wednesday TNA chairman Johnson Sakaja had said in a statement that the decision to nominate Wambui was reached after a dispute lodged by Gichuki was resolved.
“The tribunal found that the nomination was not impaired by any irregularities that would otherwise render it a nullity or cast doubts on the veracity of the results,” Sakaja said.
Elsewhere at the dispute resolution hearings, a voter from Mombasa County sought for the disqualification of Wiper nominee for the gubernatorial post Suleiman Shahbal, claiming that he had been validly nominated by two parties.
Through lawyer Ahmednasir Abdullahi, Kelvin Lunani wanted Shahbal disqualified from the race on grounds that he had already received another nomination from the United Democratic Forum (UDF).
“This committee has no power to select a candidate, but can revoke the nominations; otherwise the work of the committee will be regarded as a ritualistic exercise and parties will use this committee as a conveyor belt,” Abdullahi submitted.
Shahbal through his lawyers Yusuf Aboubacar and John Kitiku argued that he had met the requirements of the Elections Act by resigning as a member of UDF and notifying the Registrar of Political Parties of his move.
Kitiku said that the aspirant had neither applied for nor paid the nomination fees as part of the criteria to be nominated. He said that Shahbal before joining Wiper Democratic Movement had resigned on January 16.
“If he (complainant) can find a certificate, he should also find an application he made and give us a copy of the receipt otherwise the certificates provided here are fake,” said Kitiku.
Both parties were directed to serve UDF on the matter and so that the veracity of a list claimed to have been presented to IEBC and a certificate claimed to have been issued to Shahbal is ascertained.
The committee was also told by Michael Chemonges, an aspirant from Endebes Constituency, that Jenipher Masis of Wiper Democratic Movement was handed a Ford Kenya Certificate to contest for the seat.
Chemonges told the committee that the party had held nominations where he emerged winner with 3,601 votes. He said that he had been approached severally by the party to forfeit his candidature with the promise of an appointive position.
Ford Kenya through lawyer Ezekiel Wafula maintained that Masis was a beneficiary of a direct nomination in an arrangement agreed by the partners of the Coalition for Reform and Democracy.
The committee led by IEBC’s commissioner Thomas Letangule which listened to at least 30 disputes on day two will issue determinations on Saturday after it concludes hearings on Friday.
So far, 170 disputes from across political parties have been received by the committee.
