Justice George Odunga on Friday temporarily set aside a ruling by the IEBC disputes tribunal that nullified her Wiper nomination.
“Therefore balancing the interests of the parties before me and taking into account the public interest it is my view that the leave granted should operate as stay,” the judge said.
He further said that there will be a stay of the implementation of the decision of the commission pending hearing and determination of the intended motion.
Odunga argued that to decline to grant stay the stay in the circumstances the case would make it impossible for Wavinya to recover ground that shall have been lost while her opponents will be at liberty to continue with their campaigns putting her at a disadvantage.
“For the avoidance of any doubt and in the interim, the commission is directed that when publishing the names of the candidates it ought to include Wavinya’s name."
Good job predicting the constitution. The judge in this case was merely reiterating it.
This judge remains untethered from any judicial purges. We need more like him.
As per the constitution IEBC is the only organ in Kenya that manages Elections not the courts. On the Presidential election petition of 2013, the Supreme Court confirmed that by stating “The work of the Judiciary is to rule whether IEBC decision are based on Electoral Act or not” If yes, it stands, if not, then court will direct IEBC to review its decision but can’t direct that decision directly as it will be overstepping IEBC constitutional mandate. So explain to me which passage of the constitution needs to be reiterated.
Even with odunga stay order until he hears both parties submissions, make judgement, just know no one can compel IEBC to clear anyone it deems to be in conflict with the Elections act. In this case wavinya didn’t resign as a member of CCU (CCU press conference revealed wavinya insulted them months ago and left in a huff but crucially never bothered to resign and write to them to confirm that as well) to join wiper and therefore is a registered member of two parties. Two even if she resigns now, the window has already lapsed and she can’t ran as wiper candidate or independent. She is technically locked out.
So far has Odunga done anything unconstitutional. That’s my question. Because if he hasn’t, his actions are merely reiterating the constitution. As for Wavinya, you never know what happened behind the scenes with her and CCU. I am 100% confident, a hearing will present different details to what we know.
I’m also 100% confident that what CCU officials presented publicly is more important than assumptions and false hope. I’m also 100% sure that odunga is not the final authority in this matter, even if he rules against IEBC, as he will obviously do (His record speaks for itself). IEBC can still appeal at the appeal court and up to the Supreme court should they wish. I’m also 100% sure anytime this case is in court takes wavinya from campaigns and creates doubt of her candidature in the voters minds thus affecting her support. I’m 100% sure that she can’t afford to lose this case or time while IEBC is OK with or without her. Lastly wiper might end up without a candidate for Machakos governors seat.
It’s sad indeed, that in this country, even a renowned and respected constitutional scholar and judge can have his profession questioned by mere road photographers and hecklers (I didn’t mention names @spear and @Nattydread). He is the resident justice at the constitutional Court. School yourselves before u come yapping. These are the same villagers who dare question David Ndii as an economist par excellence.
When lawyer Fred Ngatia impressed us during the Supreme Court hearing, although it hurt that he was just too good and could have the Hague duo affirmed as the winners, we didn’t question his professionalism. Stick to your day jobs folks.
It’s sad indeed, that in this country, even a renowned and respected constitutional scholar and judge can have his profession questioned by mere road photographers and hecklers (I didn’t mention names @spear and @Nattydread). He is the resident justice at the constitutional Court. School yourselves before u come yapping. These are the same villagers who dare question David Ndii as an economist par excellence.
When lawyer Fred Ngatia impressed us during the Supreme Court hearing, although it hurt that he was just too good and could have the Hague duo affirmed as the winners, we didn’t question his professionalism. Stick to your day jobs folks.