Africa-Press – Kenya. The High Court has ordered IEBC to gazette the name of Mombasa businessman Abubakar Talib as the Wiper nominated MP.
Talib who was number one on the list had challenged the decision by Wiper to change the list and replace his name.
Justice Joseph Sergon has allowed the appeal by Talib challenging the Political Parties Disputes Tribunal decision that dismissed his case.
“In the end, the appellant’s appeal is found to be meritorious, it is allowed consequently the PPDTs decision of August 3, dismissing the appellant’s complaints is set aside,” he ruled.
The court has ruled that the National Assembly party list submitted to and received by IEBC from Wiper on July 21, bearing the name of Talib as a nominee for the National assembly is legal and valid.
The court has quashed the revisited list that was issued to IEBC by the party which replaced Talib’s name with that of Lucas Mulinge saying the list is illegal null and void.
IEBC has been ordered to publish in the Kenya Gazette the initial list submitted that had Talib’s name and to forthwith cancel any published gazette notice omitting his name.
The court has declined to issue an order of stay of the judgement as had been pleaded by Wiper.
Wiper had said if the order is not granted IEBC will go ahead and gazette Talib to the detriment of the party.
After substituting Talib’s name with Mulinge, Wiper then instead nominated Talib for the Mombasa MCA position which Talib claims he never applied for.
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