A Homa Bay MCA Oscar Abote who had been cleared to vie for South Kabuoch ward has suffered nullification of his clearance.
The Independent Electoral and Boundaries Commission (IEBC) Disputes Resolution Committee revoked Abote’s clearance Thursday following a petition by two of his opponents.
The case was filed by Loice Kawaka and Roseline Awino who competed with Abote in ODM party primaries on April 14.
The two sued Abote as the first respondent as well as ODM party, ODM national elections board and Ndhiwa Returning Officer Rebecca Abwaku as the second, third and fourth respondents respectively.
The committee chaired by Mak’Ogonya Tiego nullified Abote’s clearance on various grounds.
Kawaka and Awino protested that ODM party had gone against Political Parties Disputes Tribunal (PPDT) directive after it nullified Abote’s nomination and ordered primaries for South Kabuoch ward after the April 14 nominations in the ward.
They argued that ODM and the board disregarded the directive and instead gave Abote a direct ticket without consulting Awino who is still a member of ODM.
But Abote defended himself saying Kawaka did not have grounds to challenge his clearance since she had ceased being a member of ODM party.
He also argued that his direct ticket had not been challenged through the party internal dispute resolution mechanism.
The committee argued that Abwaku cleared Abote despite knowing the existence of the order by the PPDT that required ODM and ODM national elections board to conduct fresh party primaries.
“Now that this committee is aware of the orders of the PPDT directing for fresh nominations through universal suffrage and failure by ODM to implement the said orders, we have no option but to nullify the decision by ODM Returning Officer Abwaku to clear Abote,” the committee ruled.
