The Orange Democratic Movement (ODM) has disowned Edick Anyanga as the party’s nominee for the Nyatike parliamentary seat.
Mr Anyanga was cleared Friday by the electoral commission to vie for the seat on an ODM ticket.
A High Court on Monday this week ruled that Mr Anyanga won in the ODM party primaries in April, a directive that the party has challenged in the Court of Appeal.
According to the party, the person who has the original nomination certificate is Tom Odege and not Mr Anyanga as ruled by the court
“A fraudster and imposter is likely to be cleared to contest on the applicant’s ticket using a forged certificate of nomination and this court ought to stop this pending hearing of the appeal as sought,” read part of the appeal lodged in the Court of Appeal on Friday.
The party argued that the ruling of High Court Justice Luka Kimaru that led to the issuing of a certificate to Mr Anyanga takes away the party’s rights and jurisdiction to nominate a candidate.
ODM pointed out that the judge did not do due diligence to authenticate the nomination certificate produced by Mr Anyanga while challenging the decision of the party to issue a certificate to Mr Odege.
The party claims the certificate produced by the incumbent was forged or fraudulently obtained.
“The Learned Judge erred in law when he held that on the basis of an alleged popularity gauged from a sham nomination exercise which stood nullified by the appellants own National Appeals Tribunal.
“He drew an erroneous conclusion of law that Mr Anyanga was most popular and deserved to be nominated and indeed nominated him, without jurisdiction,” reads the appeal lodged by ODM
In a sworn affidavit, Robert Arunga, a member and Secretary of the ODM National Elections Board, said the party carried out free and fair nominations in Nyatike constituency and issued Mr Odege with a nomination certificate on April 29.
The party has complained that Mr Anyanga fraudulently forged and made for himself three nomination certificates, and that the National Elections Board never issued any certificates to him.