9 February 2013

Kenya: Tribunal Faults Wiper Over Nomination

A tribunal arbitrating political parties' disputes yesterday declared that a decision by Wiper Democratic Party to give former Mwala MP Daniel Muoki a nomination certificate is illegal.

Chaired by Peter Simani, the tribunal found that the party gave the certificate to Muoki prematurely since there was a complaint filed about the decision.

Further, the tribunal found no proof that the Wiper arbitrated the complaint before it nor gave its verdict. The tribunal held that the illegal issuance of the certificate to Muoki make it invalid.

It however said since IEBC has already accepted the certificate from Muoki, the tribunal does not have the mandate to withdraw it. The tribunal advised Benjamin Musau, who had challenged the issuance of the nomination certificate, to seek direction from IEBC.

The tribunal had on January 29 nullified the nomination certificate given to Muoki following a complaint by Musau and after receiving evidence that the latter was the winner.

Two days later, Muoki went to court giving his side of the story and based on the new information, the tribunal said it could only issue its ruling after getting more concrete evidence. It said the evidence brought in court by Musau through an affidavit was not enough to proof he had won the nomination.

The tribunal then directed Wiper not to issue the certificate until the matter is finalised.Despite the order Muoki then proceeded to present his documents to IEBC prompting Musau to seek the tribunal's intervention. The ball is now in the IEBC's court to either act on the tribunal ruling or not.

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