Blow to Kalonzo’s Wiper as IEBC disqualifies Wavinya from Machakos race

The Wiper Democratic Movement of Kenya has suffered a major blow after the Independent Electoral and Boundaries Commission (IEBC) Disputes Resolution Tribunal disqualified its Machakos gubernatorial candidate, Ms Wavinya Ndeti.

The IEBC Tribunal, led by commission chairman Wafula Chebukati, locked Ms Ndeti out of the race for being a member of two political parties at the same time.

The tribunal allowed the complaint that was filed by voter Kyalo Peter Kyuli, who is also a Member of the Machakos County Assembly, seeking the nullification of Ms Ndeti’s nomination as well as revocation of the certificate awarded to her by Wiper.

Kyalo, in his submission to the IEBC panel, argued that Ndeti has failed to meet several requirements set by the IEBC for contestants of elective posts.

He claimed that Ndeti is a member of two political parties; Wiper Democratic Movement and the Chama Cha Uzalendo (CCU).

Ndeti, however, dismissed the claims made before the tribunal saying that her nomination is valid.

She urged the committee to dismiss the complaint arguing that the application is a witch-hunt as it seeks to reopen issues which have already been previously determined by a competent tribunal

According to the Elections Act 2011, anyone who decamps to another party 120 days to the election date is deemed to have violated the set rules and would not be allowed to contest on their new party’s ticket.

Mr Kyuli’s assertion received support from Machakos Senator, Johnstone Muthama, who also wanted Wavinya’s nomination by Wiper declared null and void.

Muthama stated that Ms Ndeti is a member of two political parties; Wiper Democratic Movement and the Chama Cha Uzalendo (CCU) “as demonstrated by a search at the Registrar of Political Parties and a letter from the Chairman of the IEBC.”

Mr Kyuli told IEBC that Ms Ndeti ditched her CCU party for Wiper on April 6, 2017, a day after the party-hopping deadline had lapsed. The High Court had upheld that no party hopping should be allowed after April 5, 2017.

My Kyuli cited a letter by IEBC chairman, Wafula Chebukati, dated May 26, 2017 in which he confirmed that Ms Wavinya Ndeti is still listed as the CCU leader despite having decamped to Wiper.

Mr Kyuli argued that by being the Party Leader of CCU and a member of the Wiper party, Ms Ndeti is committing an electoral offence that allows the IEBC to bar her from contesting in the August polls.

He further argued that Wiper allowed a stranger to participate in its primaries against the Elections Act, 2011.

In a sworn affidavit, Senator Muthama argued that the nomination of Ms Ndeti contravenes the Wiper Party nominations and elections rules as well as the Political Party Act, the Elections Act and its attendant regulations and wanted it revoked.