In Summary
  • The High Court has ordered the Political Parties Dispute Tribunal (PPDT) to hear an application to jail top officials of the Wiper Party for failing to issue a nomination certificate to a candidate who won the Changamwe parliamentary primaries.
  • Mr Mittau had defeated Mr Daniel Mulinge in the Changamwe primaries yet the party fraudulently issued the certificate to the Mr. Mulinge.
  • If the top officials fail to issue the nomination certificate to Mr Mittau they risk being convicted for contempt like Kanu Secretary General Nick Salat and the parties director of elections Mr Edward Kivuvani who were fined Sh200,000 or serve a three month jail term.

The High Court has ordered the Political Parties Dispute Tribunal (PPDT) to hear an application to jail top officials of the Wiper Party for failing to issue a nomination certificate to a candidate who won the Changamwe parliamentary primaries.

If the top officials fail to issue the nomination certificate to Peterson Mittau they risk being convicted of contempt.

While directing the tribunal to determine Mr Mittau’s petition, Justice Lydia Achode said “court orders must always be obeyed and that defiance must be dealt with in the manner prescribed by the law.”

Mr Mittau argued that the court order issued to Wiper is being defied with “impunity" and then invited the court to "stamp its authority.” He went on to say, “Court orders are not issued to a vacuum.” 

DIRECTIVE

Justice Achode directed Mr Mittau to ensure his application complied with the PPDT directive that was issued with the nomination certificate before chairman Kyalo Mbobu, James Atemi and Hassan Abdi.

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