Moha ‘Jicho Pevu’ gets a lifeline in Nyali
Former KTN editor Mohammed Ali got a lifeline Wednesday after ODM ruled that the electorate in Nyali constituency will have to go back to the polls to nominate the person who will fly the party’s flag at the August 8 elections.
The National Appeals Tribunal of ODM yesterday ruled that the primaries in the coastal constituency did not meet the threshold of a free and fair election as envisaged in the party’s constitution and rules.
“That the party NEC/CMC to reconsider the process of selecting a party candidate for the Nyali constituency ODM parliamentary elections in a manner compatible with the party constitution, nomination and election rules,” the five-member tribunal directed on April 26.
The appeals tribunal is chaired by Willis Otieno while other members are Dr Florence Omosa, Dr Richard Bosire, Mr David Muthama and Mr Mohamed Hajir.
The ruling was delivered just two days after the former KTN television investigative editor lodged an appeal.
REGISTERS NOT USED
He was contesting the outcome of the party primaries in which his opponent, Said Abdallah was declared the winner after garnering 3,672 to Mr Ali’s 2,873 votes.
“ODM registers were not used in 11 polling stations and instead, there was a fraudulent register being used as he did not vote for reasons that his name did not appear in the register despite being a registered and a life member of ODM,” the appellant said in his appeal.
Mr Ali also claimed that most people used identity cards to vote thereby making it hard to know who the members of the party were.
He further alleged voter bribery, partisanship among the officials who were overseeing the primaries and claims of ballot stuffing.
Furthermore, the appellant claimed that his opponent had exceeded the allowed two agents per polling station, used voter intimidation and violence, and that there was no indelible ink in some centres.
FREE AND FAIR
Mr Abdallah who was the respondent refuted all the grounds laid down by Mr Ali, stating that the primaries were free and fair.
“That the appellant did allegedly have a meeting with a certain government official with a view to help him win the elections and provide him with armed government security during the electoral process,” Mr Abdallah had told the appeals tribunal.
In its findings, the tribunal acknowledged that there were irregularities in the primaries which could have influenced the outcome of the polls.
“The acts of intimidation at some polling stations may have affected the exercise of electors’ franchise. It is our finding that the late opening of polling stations disadvantaged both aspirant and therefore the same cannot be claimed to be the fault of any party but that of the NEB (ODM National Elections Board,” the tribunal states.
Mr Ali welcomed the ruling soon after the appeals tribunal made its determination.
“The tribunal has just said that the nomination in Nyali Constituency did not meet the threshold of a free, fair and credible elections as envisaged in the party’s constitution and rules,” he said.
He added that the tribunal would be forwarding their findings and determination to the ODM NEB.
“This case has been forwarded to National Elections Board and they are going to tell us who is the winner,” he said.