Ambassador Julius Kiema Kilonzo has lodged an appeal against what he terms as illegal and unconstitutional nomination of Julius Malombe as the Wiper Candidate for Kitui Governor. In the appeal, lodged through the firm of Former LSK President Eric Kyalo Mutua, OGW, E.K. Mutua & Co. Advocates, Ambassador Kiema expressed his dissatisfaction with the decision(s) of the Wiper National Executive Council (NEC) and National Elections Board (NEB) to give the party ticket for Kitui Governor to Julius Malombe to his detriment.
In Particular, Ambassador Kiema has appealed against the decision of the National Executive Council (NEC) dated 18th April 2022 in which it deliberated and made resolutions in form of recommendations and approved the issuance of a direct Nomination Certificate titled WIPER DEMOCRATIC MOVEMENT- NATIONAL ELECTIONS BOARD, UNOPPOSED CANDIDATE for Kitui gubernatorial seat to Dr. Julius Makau Malombe as the Party candidate in the upcoming general elections to be held on the 9th August 2022.
It is the position of Ambassador Kiema that the Wiper Party’s decision that Dr. Julius Malombe was an unopposed WDM candidate for Kitui gubernatorial position is blatant injustice against him as a Wiper Member and paid Gubernatorial candidate who had legitimate expectation to participate in free and fair nomination as provided for in the Wiper Democratic Movement Constitution when he paid up the fees for the ticket.
According to Ambassador Kiema and his lawyers, Wiper erred in fact and in law in failing to use either indirect party nominations method or direct party nominations method as provided for under Sections 38A to 38H of the Political Parties Act. In any case, Wiper Party organs, namely NEC and NEB, failed to conduct nominations by either all universal suffrage of registered voters and members of the party and or members of parties forming a coalition with WDM or through selected delegates.
As a matter of fact, Wiper in its decision dated 12th April 2022 and 17th April 2022 had resolved that the party will conduct party primaries and or nomination elections by all universal suffrage in electing its party candidate for the seat of Governor Kitui County and that the Party will not issue a direct Party ticket or direct Nomination Certificate to any of the Party Aspiring Candidates.
Interestingly, as Ambassador Kiema points out in his letter to Wiper, the decision of Wiper to award Malombe the ticket was based on disputed, doctored and fraudulent opinion polls which were conducted in violation of international standards on research methodology and science. It add that it is clear that these polls were based on opinions that are clandestine, fraudulent, and the process and results do not pass the integrity, transparency and accountability tests.
As it turns out, Dr. Julius Malombe wrote to Wiper on the 13th April 2022 indicating that he was not ready to participate in Nominations and seeking and asking to be issued with a direct Nomination Certificate. As a result, Wiper wrote a letter dated 16th April 2022 to Ambassador Kiema urging him to explore a consensus. However, even before granting Ambassador Kiema a fair hearing or any hearing for that matter, Wiper went ahead to issue a direct ticket to Malombe in complete disregard of Article 47 of the Constitution of Kenya and the Fair Administrative Action Act.
The question everyone has been asking is why did Wiper received Kiema’s nomination fee of Kshs. 500,000/- and unjustly enrich itself and its officials if it had no intention of conducting a free and fair nomination exercise and or at all. Even more painful is the fact that Wiper has imposed an exorbitant Appeals Filing fees of Kshs.125,000/= to prevent litigants from filing appeals with the Wiper Appeal Board.
This not only illegal but it is callous as it affects access to Justice for those challenging Wiper decisions. It is calculated to block candidates from accessing the Political Parties Disputes Tribunal and Ambassador Kiema may be forced to challenge the matter in a constitutional court. As a matter of law, one has to exhaust the Party Internal Dispute Resolution Mechanism (IDRM) before resorting to the Political Parties Disputes Tribunal.
The irony and the strength of Ambassador Kiema’s case is that WDM Party issued a direct ticket to Dr. Julius Makau Malombe as an unopposed candidate for Kitui County gubernatorial seat after he communicated in writing that he was not ready to participate in the party primaries. This action amounts to confirmation that Malombe was not ready to abide by the Wiper Party Constitution. In so doing, Malombe had effectively and constructively withdrawn from membership of the party and from the contest.
Ambassador Kiema is demanding that Wiper Appeal Board cancels the Direct Ticket issued to Malombe. He also wants mandatory order to issue compelling Wiper to conduct party primaries for Kitui County gubernatorial seat through all universal suffrage and or direct nomination method and or through nomination elections. In the alternative, Kiema demands to be issued with a Nomination Certificate as the Wiper Democratic Candidate for Kitui gubernatorial seat or position in the upcoming general elections to be held on the 9th August 2022.
kioko ngei
September 23, 2021 at 5:59 pm
Mutongoi engineer mwangangi tukwikwetye muno kitui south! Ngai ethiwe ethiwe naku mpaka mwisho