The Independent Electoral and Boundaries Commission on Wednesday suffered a blow when the High Court in Nairobi allowed Ms Wavinya Ndeti to contest the Machakos gubernatorial seat.
Minutes after Justice George Odunga quashed a decision that locked Ms Ndeti of the Wiper Democratic Movement – Kenya from the race, the commission asked for a copy of the ruling.
While delivering the verdict, the judge faulted the commission’s disputes resolution committee which on June 8 declared Ms Ndeti unfit to participate in the Machakos governor’s race for reportedly being a member of Chama Cha Uzalendo and Wiper party.
According to the judge, the IEBC should have considered if the coalition agreement signed by her former and current party was valid at the time it barred her from running.
He also declined to get into the nitty-gritty of determining the validity of the coalition agreement signed on April 24, saying it would be speculation on his part.
“The court has found that other issues raised as the basis for justification of the committee’s verdict were not grounds upon which IEBC made its decision,” he said.
“It may well be that had the committee based its decision on the issues raised before me, a different outcome might have been reached.”
Addressing supporters outside the court, Ms Ndeti asked the IEBC to conduct free and fair elections.
She also thanked National Super Alliance leaders Raila Odinga, Kalonzo Musyoka and Moses Wetang’ula for their support.