Africa-Press – Kenya. The High Court has ordered IEBC to gazette Mombasa businessman Abubakar Talib as the Wiper nominated Member of Parliament.
Talib,who was number one on the list, challenged the decision by Wiper to replace his name.
Justice Joseph Sergon on Friday allowed an appeal by Talib challenging the Political Parties Disputes Tribunal decision that dismissed his case.
“In the end the appellants appeal is found to be meritorious, it is allowed, consequently the PPDT’s decision of August 3, 2022 dismissing the appellant’s complaints is set aside,” he ruled.
The court ruled the National Assembly party list submitted to and received by IEBC from Wiper on July 21 bearing the name of Talib as a nominee to the National Assembly is legal and valid.
The court quashed the revised list that was issued to IEBC by the party, which replaced Talib’s name with that of Lucas Mulinge, saying the new list is illegal, null and void.
IEBC was 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 the name of Talib.
The court also declined to issue an order of stay of the judgement as had been pleaded by Wiper.
Wiper had argued that if the order was 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 the later claims he never applied for.
In the case, Talib claimed that his name was unlawfully omitted from the Wiper party list.
He further said that without any consultation, Wiper put his name in the list of nominees for MCA Mombasa county, a position he never applied for.
Talib argued that he specifically applied for the nomination of the MP, which he duly paid for and was slotted in the original list that was to be submitted to IEBC.
In its response, Wiper urged the court to dismiss Talib’s appeal arguing that he had no valid grounds to sustain the case.
It was the party’s submissions that the changes to the party list were based on special criteria, including special interests and conduct of the party member in compliance with the IEBC directives.
Wiper further said the changes did not only affect Talib but also other party members.
The party told court that due to the IEBC directives, it conducted fresh advertisement for nominee positions for MP and senator but Talib did not apply.
The party nominated him for MCA seat in good faith, it said.
Edited by Henry Makori
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