Wanjigi files preliminary objection on petition against his candidature on ODM ticket » Capital News

NAIROBI, Kenya Nov 8 – Businessman Jimi Wanjigi has filed a preliminary objection seeking to strike out a petition seeking to compel Orange Democratic Movement (ODM) party to take action against him for declaring his presidential bid without following internal procedures.

The ODM Presidential aspirant in his preliminary objection argues that the Political Parties Dispute Tribunal has no jurisdiction to hear and arbitrate on the matter filed last week.

“That this honourable tribunal has no jurisdiction on the basis of Section 40(2) of the political parties’ act and the matter has been filed herein in the abuse of established laws and procedures,” he said through his lawyers.

Wanjigi who has been listed as an interested party in the notice of motion now wants the Catherine Wanjiku Irungu the petitioner compelled to use the ODM party internal dispute tribunal mechanism to resolve her complains.

“The applicant has not exhausted the internal party dispute resolution mechanism as required by law hence this suit falls foul of the principle of exhaustion,” the notice read.

He wants the notice of motion against him struck out with costs.

Irungu filed a petition at the Political Parties Dispute Tribunal challenging businessman Wanjigi’s presidential candidature ahead of the 2022 General Election.

The ODM life member faulted the Raila Odinga-led party, which is the respondent in the case, of tolerating Wanjigi’s character which she said has been abusive and causing disrepute to the party.

“The respondent through wrongful application of the party’s constitution and laid down laws, permitted the interested party to abuse the structures of the party,” she said in her petition.

Irungu is also concerned that the party has failed to enforce its Constitution by failing to initiate disciplinary action against Wanjigi whom she accuses of undermining the authority of the party and slandering its party leader.

“The respondent is under an obligation to conduct an ethics and integrity objective test to ensure the suitability of any candidate including the interested party but the respondent has failed, ignored or refused to do so,” she said.

Wanjigi who has been crisscrossing the country to popularize his presidential bid has maintained that his pursuit to dethrone Odinga as the ODM party substantive flag bearer in the 2022 election is still alive and insisted that he will not be cowed to back down.

In the petition, Irungu notes that Wanjigi has been adversely mentioned with regard to his moral fitness and ethical ethos and that ODM is obligated to investigate the veracity of the said allegations.

“I am persuaded that ODM should mandatorily conduct this test prior to forwarding a candidate’s name to the unsuspecting public in an election. Internal vetting processes are mandatory to each political party,” she said.