Fred Gumo’s son in court to stop ODM from picking Tim Wanyonyi as Westlands candidate
Westlands Member of Parliament (MP) aspirant Michael Magero Gumo has moved to court seeking to stop Orange Democratic Movement's (ODM) move to issue a direct ticket to Tim Wanyonyi for Westlands constituency seat.
Through lawyer Dancun Okatch, Magero who is the son of former Westlands MP Fred Gumo also wants ODM restrained from submitting the name of Wanyonyi to IEBC as the party's nominee for Westlands Constituency pending the hearing of the suit.
The protest by Magero comes days after the Azimio la Umoja - One Kenya coalition sealed a deal that saw Polycarp Igathe take the mantle as Nairobi gubernatorial flagbearer.
Edwin Sifuna was picked as senatorial flag bearer while Wanyonyi was to go back for his current Westlands seat in the new arrangement.
ODM primaries
In his appeal, Magero is seeking the tribunal to compel ODM to immediately issue him with the party nomination certificate arguing that Wanyonyi, who is the incumbent, did not take part in the primaries conducted on April 22, 2022.
"A permanent injunction restraining issuance of the nomination certificate to any other party from the appellant as the party's nominee for the Member of Parliament position- Westlands Constituency," lawyer Okatch states in the suit papers.
He is also seeking an order compelling the party and its returning officer to include his name as its nominee for the Member of National Assembly for Westlands constituency to IEBC.
Magero protests the party's decision to issue Wanyonyi with a direct ticket saying the move is undemocratic and that the ODM National Elections Board has not consulted him at all.
"That, it is imperative to note that ODM put in place elaborate structure and process for electing candidates and Hon. Wanyonyi was not a candidate or aspirant for the position of member of National Assembly, having failed to apply for the same in accordance with the party constitution," Magero states.
He adds that Wanyonyi was on the list of the party's gubernatorial candidates and that there is no process in law that allows ODM party to issue a certificate to a person who did not subject himself to the nominations process adopted by the party and already conducted.
According to Magero, he emerged as a winner during the April 22 party primaries amongst the seven aspirants, having garnered 1,661 votes while his closest challenger former city clerk Phillip Kisia garnered 627 votes.
He also avers that despite being a winner, he has not been issued with the nomination certificate or at the very least a provisional certificate to date.
"The same is prejudicial to the appellant considering the fact that he won in a fair manner and certificates have already been issued to other successful aspirants of Members of County Assembly (MCAs) within Westlands Constituency and other Constituencies in Nairobi whose nominations were done on the same day," Lawyer Okatch adds.
Magero further states that his victory has not even been disputed by the other aspirants especially those who lost during the nomination exercise and it is therefore against the principles of justice to deny him the party certificate.
He states that he has made numerous requests to ODM to be issued with the said certificate or at the very least given reasons why he is yet to be issued with the provisional certificate.
Magero states it is unfair for the party to issue the certificate to Wanyonyi as prior to the primaries he spent a lot of resources and time to marshal the support for his bid which he won fairly.
"I spent a lot of resources and time to marshal support for my bid. The results were publicly announced, giving me and my supporters legitimate expectation that I would be issued with the certificate," he argued.
