The High Court has blocked Utalii Ward Member of County Assembly (MCA) Wilson Ongele from contesting in the 2017 General Election.
In a ruling delivered on Tuesday, six days to election day, the court overturned the decision by the ODM (ODM) National Elections Board (NEB) to award the party's nomination ticket to Mr Ongele.
The court decided that the nomination was unlawful as it was in defiance to an earlier ruling.
In May, Ongele successfully contested the awarding of the ODM Party nomination to his rival, Mr Abel Osumba Atito.
Ongele told the tribunal that he had won the nominations when votes were counted and tabulated by the Presiding Officer, where he had 1,241 against Osumba’s 1,238 of all votes cast.
He further claimed that Osumba should not have participated in the nomination exercise as he had been fined Sh200,000 by the ODM Disciplinary Committee but had not paid the fee.
At the time, the Political Parties Dispute Tribunal ruled that the nomination process was flawed and that there was no proper tallying of the votes and so no clear winner.
However, the party went on to award the nomination ticket directly to Mr Ongele and further presented his name to the Independent Electoral and Boundaries Commission (IEBC) as the ODM nominee for Utalii Ward, Ruaraka constituency.
Tuesday's ruling has left the ODM party without a nominee in the Utalii Ward contest, despite the fact that ballot papers have already been printed and are set for distribution.
