By Bwire Marvin.
The Wiper party led by former vice president Kalonzo Musyoka has been directed to immediately nominate Ms. Wavinya Ndeti as the party’s gubernatorial candidate in Machakos County.
Though the recently repeated Wiper nominations for Machakos governor were not free and fair, The Political Parties Disputes Tribunal (PPDT) has ruled that it would be pointless to order another repeat because her main challenger is now vying as an independent candidate.
Machakos deputy governor Mr. Benard Muia Kiala, had filed the application arguing that the party had in the repeat nominations on May 6, contravened its own constitution and nomination rules.
While declaring that the primary election was not free and fair and thus null and void, the tribunal said that Mr. Kiala has since moved on to become an independent candidate, leaving Ms. Ndeti as the party’s only aspirant for the position.
“If we ordered a repeat nomination exercise, at this stage, Ms. Ndeti would be competing against herself. The party would have committed funds to that process while Mr. Kiala would not benefit from the repeat nomination because he is a registered independent candidate,” ruled the tribunal.
“It would be an exercise in futility. The tribunal would have issued an order in vain yet court orders are never issued in vain,” said the tribunal.
Therefore the tribunal directed Wiper to immediately nominate its preferred candidate while taking into account the findings of their judgment.
The Machakos nominations were first held on April 30, however the tribunal invalidated the process for having been conducted in violation of the tribunal orders on April 28.
The tribunal directed a fresh nomination within 48 hours in a judgment dated May 5. The party complied and held a repeat nomination on May 6 which the tribunal also invalidated.