The Nomination battle for Umoja 2Ward is now headed for the Court of Appeal after the Incumbent Joseph Ndonji mysteriously obtained orders from Justice Joseph Sergon directing the IEBC to have him recognized as the MCA Nominee for the upcoming August elections despite losing in ODM's party primaries.
In the interesting turn of events, Justice Sergon reviewed his own orders where had issued stay orders quashing a decision of the Political Parties Dispute Tribunal (PPDT) where it barred the ODM party from forwarding the name of Shadrach Machaje as the Party's nominee.
Sergon also set aside a ruling issued by the IEBC's Dispute Resolution Committee that barred both Ndonji and Machanje from taking part in ODM nominations.
The judge also upheld the ruling of the tribunal which found that ODM's National Election boss Catherine Mumma to be in contempt of the Court.
Ndonji was seeking to have Mumma and John Mbadi jailed for 6 months for contempt of court after they went ahead and settled for Machanje a former tout, as the party's nominee.
The PPDT led by Timothy Torrorey ordered Mumma to file a notice to show the Court why she should not be jailed for 6 months or fined appropriately
The dispute has put into sharp focus a Political Party's mandate to nominate candidates of their choice.
It's not clear how Ndonji has been circumventing the law to get favourable orders to the extent of getting a Court directing the IEBC to gazette his name without the Party's approval.
In this case, Mumma accused Ndonji of using the Court to force the Party to nominate him.
In an affidavit sworn in Court, Muuma accused Ndonji of trying to manipulate the Tribunal into forcing the party to nominate him.
In the preliminary objection, Mumma stated that PPDT lacks the jurisdiction to hear the dispute.
“The ODM National Elections Board has the mandate to plan, organize direct and conduct all party primaries
Ndonji who lost in the party Primaries has been on the warpath with the party and had vowed to use the Courts to make sure he gets the nomination despite falling out with the party.
Ndonji is alleged to have spent huge amounts of money in using underhanded tactics to frustrate Machanje a former umoiner tout who is hugely popular in Umoja 2 ward.
Ndonji has been working in cahoots with UDA's George Their to frustrate Machanje who won the Party Primaries.
He was also heard bragging about how he has compromised with State officers in his bid to force himself on the People of Umoja 2.
Through Professor Tom Ojienda, Mumma faulted the Tribunal for purporting to determine that it had concurrent jurisdiction with the IEBC and in so doing usurped the exclusive jurisdiction conferred upon the Commission to determine nomination disputes after names are submitted to it in violation of Article 88 (4)(e) of the Constitution and Section 74(1) of the Elections Act
With just days to go for the General election, there is apprehension that ODM will lose the seat to UDA's Felician Obilo a former gangster if Ndonji or any other candidate apart from Machanje gets the nomination.
ODM enjoys huge support in the area and a nomination is as good as being elected.
In the 2017 elections, Ndonji and his brother James Ndonji also used the same dirty tricks of getting the nomination through Court orders.
Ndonji is reportedly holding onto the seat because of the lucrative tenders he got as the Chairman of the Environment and Land Committee of the County Assembly.
The Dispute has been pending in Court for the last 3 months and ODM has vowed to put up a spirited fight as the ballot papers have already been printed.
Azimio Presidential Candidate Raila Odinga was in Umoja 2 this weekend and urged his supporters to rally behind Machanje who is considered the Underdog.
Ndonji was last year charged before Makadara Senior Principal Magistrate Stephen Jalang’o on June 17 for assault on Pastor Jared Aruwa
The prosecution stated that Ndonji and others not before the court attacked Aruwa by kicking and punching him, occasioning him grievous bodily harm.
His attack allegedly took place on May 30, 2019, at Kwa Miti along Manyanja Road in Tena Estate.
The prosecution said Aruwa was walking to a hardware shop along Manyanja Road when Ndonji called out his name from his car and asked him over where the MCA demanded to know why he was destroying electric poles that he had put up.