The Independent Electoral and Boundaries Commission (IEBC) has been ordered by the High Court to gazette Mombasa businessman Abubakar Talib as the wiper nominated Member of Parliament.
Talib had moved to court to challenge the decision by Wiper to change and replace his name with that of Lucas Mulinge in list of nominated MPs.
Justice Joseph Sergon allowed the appeal by Talib challenging the Political Parties Disputes Tribunal (PPDT) decision that dismissed his case.
Sergon ruled that the National Assembly party list submitted by Wiper on July 21 to the IEBC containing Talib’s name as a nominee is legal and valid.
“In the end the appellant’s appeal is found to be meritorious, it is allowed consequently the PPDT’s decision of August 3, dismissing the appellant’s complaints is set aside,” he ruled
The court also quashed the revised list that was issued to IEBC by the Wiper party which replaced Talib’s name with that of Lucas Mulinge saying the list is illegal null and void.
The court ordered IEBC to publish in the Kenya Gazette the initial list submitted that had Talib’s name and to forthwith cancel any published gazette notice omitting his name.