High Court Judge George Odunga has given Machakos Governor hopeful Wavinya Ndeti a major reprieve after he reinstated her in the race for the Machakos top job.
The Independent Electoral and Boundaries Commission (IEBC) Disputes Resolution Committee on Thursday ruled that Wavinya be barred from contesting for the Machakos gubernatorial seat on Wiper ticket, on basis that she belonged to two parties, which contravenes electoral laws.
But Justice Odunga in his ruling on Friday said that the former Kathiani Member of Parliament established a prima facie case, noting that the issues she raised in the petition were substantive and cannot be termed as frivolous.
Odunga termed the case as urgent and ordered the poll management body to ensure Ndeti’s name is printed on the ballot.
Wavinya moved to the High Court Friday, to contest the IEBC Disputes Resolutions Tribunal decision revoking her nomination by Wiper party to vie for the Machakos governor seat.
In a certificate of urgency, the former MP argued that IEBC’s decision prejudiced and violated her right to participate in public elections.
She further presented that the ruling also would violate the political rights of people of Machakos County to freely elect the governor of their choice.
“Unless the orders are granted, the people of Machakos County will suffer irreparable loss and harm,” she argues.
Wavinya sought court orders stopping the implementation of the IEBC tribunal’s decision, and further wanted the court compel the poll body to include her name in the candidates list to be published in the Kenya Gazette, an order the court granted her.
“The process leading to the impugned decision is illegal, procedurally unfair and violates basic tenets of the rule of law, principle of natural justice and the right to a fair hearing,” she added.