Kitui gubernatorial race: High Court nullifies Julias Malombe’s nomination
Former Kitui Governor Julius Malombe has suffered a major blow after the High Court nullified the nomination certificate issued to him by Wiper Party.
Justice Christine Meoli ruled that the certificate to contest for Kitui Gubernatorial seat was issued to him unlawfully by the party through direction nomination.
The Judge directed a fresh nomination exercise to be conducted by the party within 72 hours.
Former Kenya’s High Commissioner to Uganda Kiema Kilonzo moved to the High Court to appeal the judgment of the Political Parties Dispute Tribunal which had declared Malombe as the validly nominated candidate by the Wiper party for the August 9 election.
He claimed that the Tribunal erred in law by holding that Wiper Party had satisfied the Political Parties Act, and the Party Elections, Nomination Procedures and Rules, in its decision to nominate Malombe as its candidate for the position of Governor Kitui County in the upcoming general election.
“The Honourable Tribunal erred in law and fact in holding that Wiper Party had initially not decided to use a direct party nomination method in nominating its candidate for the position of Governor, Kitui County,” he claimed in court documents.
According to the former ambassador, the tribunal erred in holding that Wiper Party had communicated to him, its members and the public that it was to conduct its nomination by way of both direct and indirect party nomination methods.
He contended that the Tribunal erred in law by holding that use of opinion polls satisfied the provisions of section 38G of the Political Parties Act in conducting nominations by way of an indirect party nomination.
“The Honorable Tribunal erred in law and facts in holding that the appellant’s right of legitimate expectation had not been violated,” he argued.
It was his case that the Tribunal erred in law and facts in holding that he had been granted a fair hearing.
The party will now have to conduct fresh nominations within 72 hours.
