ODM was on Tuesday barred from declaring Kisumu Senator Peter Anyang’ Nyong’o its gubernatorial candidate for Kisumu.
The Political Parties Dispute Tribunal ruled that the Orange Democratic Movement primaries had massive and glaring irregularities.
Certifying as urgent an application by Hezron J Opiyo, tribunal members Kyalo Mbobu, James Atemi and Hassan Abdi directed the applicant to serve the suit papers on the senator and ODM. It scheduled the hearing for Thursday.
The announcement that Prof Nyong’o had trounced Governor Jack Ranguma sparked protests across the county.
Meanwhile, confusion marked the sitting of the ODM Appeals Tribunal on Tuesday.
Rule on appeals
The Willis Otieno-led team declined to rule on appeals against nomination results, passing the buck to the National Elections Board.
In most cases, the tribunal directed the NEB to either withdraw provisional certificates or hold fresh primaries.
Nyatike MP Edick Anyanga claimed the tribunal had reversed the provisional certificate given to his opponent Frederick Odiso Agenga in the polls.
“The decision has been that everything has been reversed,” said Mr Anyanga. “It is now up to Nyatike people to decide whom they will take to Parliament.”
The tribunal had earlier ruled that no elections took place in the constituency, but the elections board declared Mr Agenga the winner anyway.
Votes not counted
It indicated that the votes were not counted since the returning officer had suspended counting and only issued the certificate under duress.
It declared the primaries flawed, saying it was not possible to establish the winner.
Fresh nominations were also ordered in Kasipul constituency, where former Nation Media Group reporter Isaac Ongiri challenged the declaration of Charles Ongondo Were as the winner.
The tribunal found that Mr Ongiri’s tally may have been affected as his name was not on the ballot, the tallying centre kept changing and the returning officer left prematurely.
Kisumu East MP Shakeel Shabir said his appeal was accepted and the nomination of his opponent cancelled.
Earlier in the day, chaos marred the tribunal sittings at Mash Park Hotel in Nairobi, forcing the team to move to Gracia Gardens Hotel.