The High Court in Milimani yesterday dismissed a petition challenging the nomination of Nairobi-based lawyer Edwin Sifuna for the Nairobi senate race.
Bukachi Chapia, who was set to receive the ODM ticket unopposed, moved to court after the party nominated Sifuna who had lost the ODM ticket in Kanduyi constituency.
Chapia moved to court claiming that ODM was planning to snatch away his victory because he did not have enough money to mount a formidable campaign to challenge Jubilee's Johnson Sakaja.
Through his lawyer Kibe Mungai, Chapia informed the court that ODM party leader Raila Odinga and Nairobi Governor Evans Kidero told him to his face that he did not have the financial resources to campaign in Nairobi.
He also produced documents alleging that the ODM Party has been pressuring him to step down for Sifuna.
Chapia wanted the court to block the Independent Electoral and Boundaries Commission from gazetting Sifuna as the ODM candidate for the Nairobi Senate race.
While dismissing the petition, Justice John Mativo stated that the suit had been filed in the wrong forum.
In the opinion of Justice Mativo, Chapia should have first lodged a complaint with the party and its tribunal before moving to court.
The win for ODM sets the stage for an epic battle between National Super Alliance (NASA) and Jubilee who are both keen to control the capital.
