A Nakuru high court on Friday morning quashed a decision by the IEBC to remove the name of Ford Kenya party MCA aspirant for Kaptembwo ward in Nakuru town west constituency from the list of contestants in the August polls.
In his ruling, Judge Anthony Ndung’u upheld that the IEBC did not give fair hearing in law to the applicant before removing his name from the list of contestants.
The Judge therefore directed the matter be heard expeditiously by the inter-parties before the political parties’ tribunal.
In the case, Dr. Francis Osimba Malachi had sued the IEBC and ODM party following removal of his name from the list of contestants on 9th June 2017.
According to Friday ruling, Osimba will however bear costs of the suit.
NASA coalition gave the ticket for the Kaptemwo ward MCA seat to Peter Kajwang of ODM triggering protest from Osimba and his supporters.
Lawyer for Osimba Paul Miritu said that they were happy about the ruling since the court had established that his client was not given a fair hearing in law.
“As the Judge agreed, our client in this case deserved his right to natural justice. The Judge has agreed with us and that the law must be followed,” he said.
He added that he was optimistic that the ODM party and IEBC will comply with orders and allow the political parties tribunal to hear the matter.