A former Umoinner Sacco tout and boxer has asked Political Parties Dispute to set aside the decision of the Appeals Tribunal to nullify his nomination for Member of County Assembly Umoja 2 Ward in Embakasi West.
The Appeals tribunal had nullified Shadrack Machanje’s win on grounds that the nominations were not in compliance with the provision of Part Primaries and nomination rules and ordered for fresh nominations.
Machanje claims he had won the party primaries against the incumbent MCA Joseph Ndonji on 22 April. However due to system failure the said nominations were nullified and conducted afresh on 23rd April.
“The said nominations of April 23, were however boycotted by most participants and only the result of one polling station was read by the returning officer,” he claimed in court documents.
Machanje states that it is when then the incumbent, Ndonji and two other aspirants moved to the Appeals Tribunal where it ordered for fresh nominations.
He says the party in compliance with the Appeals Tribunal Judgement issued him with a direct ticket to vie for Umoja Ward MCA.
“It is worth noting that in as much as the Appeals Tribunal in its finding ordered for ODM to conduct fresh nominations it did not specify the manner in which the fresh nominations were to be conducted,” says Machanje in court documents.
Through lawyer Duncan Okatch, he claims that a party has the discretion to select its mode of nomination as long as it is in compliance with the Party’s constitution and its Election and nomination Rules.
He argues that Section 40(2) of the Political Parties Dispute Act prevents the tribunal from hearing and determining nomination disputes if they are not subjected to the Party’s Internal Dispute resolution mechanism.

“Any decision made afterwards is the decision that actually stands .We urge this court ought to take judicial notice so that we don’t have conflicting points of law .We want the Court to revisit it’s finding and set aside the Appeal’s decision and find that it has no jurisdiction in this case,” his lawyer Okatch said.