Wavinya Ndeti risks being locked out of Machakos race

Machakos Wiper gubernatorial nominee, Wavinya Ndeti, risks being locked out of the General Election should a petition filed by a voter sail through.

The voter Kyalo Peter Kyuli, wants the nomination of Wavinya Ndeti nullified and the certificate awarded to her revoked by the Independent Electoral and Boundaries Commission (IEBC).

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

In his submission to the IEBC panel that is hearing disputes related to the nominations, Mr Kyuli argues that Ms Ndeti has failed to meet several requirements set by the IEBC for contestants of elective posts.

He states 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 tells 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.

According to the Elections Act 201, 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.

My Kyuli also cites 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 argues 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 argues that Wiper allowed a stranger to participate in its primaries against the Elections Act, 2011.

In a sworn affidavit, Senator Muthama argues 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 should be revoked.

Mr Muthama further argues that the Wiper National Executive Council never met to ratify Ms Ndeti’s joining of the party and being admitted as a senior member without meeting the set rules.

Muthama, who fell out with Wiper leader Kalonzo Musyoka over the shambolic nominations says Wavinya’s choice is ‘irregular, illegal, null and voidand ought to be rejected by IEBC.” Muthama recently accused Musyoka of hand-picking Wavinya against the party’s constitution.

Wavinya is gunning to unseat Machakos governor Dr Alfred Mutua.