Nairobi — High Court has resolved the row over the nomination slot within Wiper Party by ordering the Independent Electoral and Boundaries Commission (IEBC) to gazette the name of Mombasa businessman Abubakar Talib.
In its ruling, court stated that the National Assembly party list submitted to and received by IEBC from Wiper on July 21 bearing the name of Talib as a nominee for the National assembly is legal and valid.
Justice Joseph Sergon allowed the appeal by Talib challenging the Political Parties Disputes Tribunal (PPDT) decision that dismissed his case.
Sergon also declined to issue an order of stay of the judgment as had been pleaded by Wiper who argued that if the order is not granted IEBC will go ahead and gazette Talib to the disadvantage of the party.
“In the end the appellants appeal is found to be meritorious it is allowed consequently the PPDTs decision of August 3 2022 dismissing the appellants complaints is set aside,” he ruled.
IEBC has been 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 High Court thwarted the revisited list that was issued to IEBC by the Kalonzo Musyoka led party which replaced Talib’s name with that of Lucas Mulinge saying the list is illegal null and void.
Talib who was number one on the initial list had challenged the decision by Wiper to change the list and replace his name. The party instead nominated Talib for the Mombasa MCA position which Talib claims he never applied for.