Failure by Bondo MP Gideon Ochanda to present his papers for clearance by the Independent Electoral and Boundaries Commission (IEBC) as scheduled has left his bid to retain his seat in the August 9 elections in limbo.
Dr Ochanda was to present his papers as the Orange Democratic Movement (ODM) nominee for the parliamentary election on Monday but this failed, leaving questions as to his fate and that of the Orange party in the polls.
Repeat nominations
The Political Parties Disputes Tribunal (PPDT) had ordered the party’s National Elections Board (NEB) to repeat the nominations through a popular vote after Dr Ochanda’s rival, Mr Andiwo Mwai, filed a petition challenging his April 13 win at the primaries.
The 72-hour ultimatum lapsed on May 28 after an appeal filed at the High Court by ODM was dismissed. In the appeal, the party that is led by former prime minister Raila Odinga asked to be allowed to conduct nominations via other means as provided for in its constitution other than through voting.
Mr Mwai also filed a contempt case on May 28 before PPDT presiding judge Wilfred Mutubwa.
He complained that the party’s NEB, under the leadership of Ms Catherine Mumma, had refused to conduct the repeat polls as instructed by the court. In its defence, the NEB said that the repeat polls could not happen because pupils are in school, which could not, therefore, be used as polling stations.
“We wrote to the Ministry of Education requesting to be allowed to use classes as polling stations but our request was not granted and we could not conduct the repeat polls,” read the response.
Aspirants have until June 7 to be cleared. Dr Ochanda told the Nation by phone that he will present his papers Friday.
He did not say why he could not present them on May 30.
Meanwhile Mr Mwai’s supporters took to the streets yesterday calling on ODM to comply with the court’s orders.
“The PPDT directed that the nominations be repeated but, for close to a month, the NEB took us round in circles,” said a protester, Mr Antony Omondi.
“This is a democracy where people have a right to choose their leaders. By submitting Mr Ochanda’s name to the IEBC despite the court order, the party went against the law.” BY DAILY NATION