
The Reporter has learned that the Wiper Democratic Movement is not out of the woods yet after a former MP, Agnes Ndetei, filed a case challenging the inclusion of Wiper Democratic movement's candidate Mutula Kilonzo Jnr in the Makueni senatorial by election.
The former Kibwezi MP moved to the Court of Appeal to challenge the ruling that was made by the High Court last week which allowed the Wiper Party to field another candidate after its first choice, Kethi Kilonzo was blocked from contesting in the race.
Ms Ndetei argues that the deadline had already expired. The former Mp filed a notice of appeal and it is expected that she will file the appeal itself on Monday.
She is of the opinion that the Wiper party should not be allowed to take part in the by election because it had initially nominated an unqualified candidate, Ms Kethi Kilonzo.
According to the Elections Act, any party, which nominates an unqualified candidate, commits an electoral offense and is barred from participating in the elections. This is what Ms Ndetei is banking on.

Mutula Kilonzo Jnr flanked by top Cord leaders, Former PM Raila Odinga and former vice president Kalonzo Musyoka
“Agnes Mutindi Ndetei being dissatisfied with the decision of the Honourable Lady Justice Ngugi, Honourable Justice Mwongo and Honourable Justice Korir given at Nairobi on July 19 intends to appeal to the Court of Appeal against such part of the said decision as decides that Wiper Democratic Movement Party do nominate a candidate for the Makueni County senatorial by-election scheduled for the July 26 and present its nominated candidate to the Makueni County Returning Officer at Wote on the on July 20 at 8am,” reads part of the notice filed by Ms Ndetei.
The Makueni senatorial by election is set for Friday, 26th July, 2013.
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