ODM party headquarters at the Orange House. Photo/the-star.co.ke
The Orange Democratic Movement has been ordered to to repeat the nomination process for the Nyatike parliamentary seat in the next 48hours.
The order was issued by the Court of Appeal in an a petition filed by ODM aspirant Tom Odege.
Lady Justice, Roseline Nambuye, quashed the orders by Justice Luka Kimaru delivered on May 31, 2017 that awarded current Member of Parliament, Peter Anyanga, the coveted ticket.
“The nomination of Hon. Peter Anyanga in both in the judgement of Justice Luka Kimaru dated and delivered on 31st May, 2017 in the Election Petition Appeal No. 89 of 2017, arising from an appeal against the ruling delivered by the Political Parties Disputes Tribunal on the 26th May 2017 and Judgment of 9th May is hereby set aside,” ruled Justice Nambuye.
“The party (ODM) is hereby to conduct the fresh nominations within 48 hours with effect from 4.00 pm today (Wednesday, June 21) by universal suffrage.”
Odege submitted that Justice Kimaru erred in law by taking away the powers of ODM to nominate a candidate for Nyatike Constituency, National Assembly seat and failed to observe that under Section 13(1) of the Elections Act, it is the legal mandate and duty of the party to nominate a candidate.