The son of former Westlands MP Fred Gumo has submitted an application with the Orange Democratic Party National Elections Board, requesting that the party not forward Tim Wanyonyi’s name to the IEBC as the party’s nominee for Westlands MP.
According to Michael Magero Gumo’s lawyer Duncan Okatch, he won the party primaries last week with 1661 votes, while his closest competitor, former City Clerk Phillip Kisia, received 627 votes.
Mr Magero argues that he should be handed the nomination certificate after he spent millions of shillings to rally support for the bid.
“I personally spent a lot of resources and time to marshal support for my bid. The results were publicly announced thus giving me the legitimate expectation that I would be issued with the certificate,” Magero argues.
Read: Tim Wanyonyi to Defend Westlands Seat After Bowing Out of Nairobi Gubernatorial Race
In court papers, Okatch claims that attempts to contact party leaders have been fruitless.
Magero wants ODM to be forced to nominate him on grounds that the incumbent Wanyonyi did not participate in the primaries.
He also wants an order for the party and its Returning Officer to put his name on the list of party nominees for the Westlands constituency flagbearer.
Despite his client’s victory in the primaries, Okatch told the Board, he has yet to get the Interim Certificate, and the party has remained tight-lipped.
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He is concerned that Wanyonyi will be handed the Certificate following a meeting of Azimio leaders where it was decided that he will defend his seat in the August elections.
Magero says the allegations seem to be true because the party is hesitating to give him the certificate, a move which he contends will be an affront to the will of voters who participated in the nomination exercise.
“It is imperative to note that 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’s constitution,” he argues.
Further, Magero claims there is no legal process that authorizes ODM to award a certificate to someone who did not participate in the nomination process.
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He has as a result asked the NEB to give a temporary restraining order preventing Wanyonyi’s name from being gazetted.
He is also seeking a permanent injunction barring ODM from nominating anyone other than himself as the party’s nominee.
Magero ran for MCA in Parklands in 2017 and tried his luck with ODM nominations, but lost.
Wanyonyi was set to vie for the Nairobi governor seat but bowed out after his party leader, Raila Odinga prevailed upon him.
In his place, the Azimio la Umoja One Kenya Alliance coalition party picked Jubilee’s Polycarp Igathe who will be deputized by former Kibwezi MP Prof Philip Kisia, in the event that he (Igathe) wins.
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