BY SAM ALFAN.
High court has dismissed a case challenging the nomination of city lawyer and nominated Member of National assembly Jennifer Shamalla by Jubilee party to represent marginalized community in the National Assembly.
Justice John Mativo ruled that the case filed by former Jubilee Elections Board Chairman Aden Noor Ali has no merit and the applicant had not satisfied the threshold to be granted the orders sought.
The court further ruled that the case has no arguable merit and did not deserve the leave sought.
In the case Noor moved to court seeking to have Shamalla’s name substituted with his claiming that he is from the minority Somali while she is from the Majority Luhya and represent no known special interest.
Noor filed an application under the certificate of urgency, stating that Jubilee Party illegally gazetted Shamalla as a nominee to the National Assembly.
He claimed that IEBC illegally Gazetted Shamalla as a nominee of Jubilee Party to the National assembly to represent special interest yet there was an order from the Political Parties Dispute Tribunal stopping the same.
“The action is against a decree and order issued by the Political Parties Disputes Tribunal on July 29, served by the Jubilee Party, owing to the fact that Shamalla will be sworn in on August 31,” Noor said in the affidavit.
He is seeking leave to be granted to apply for an order of certificate for purposes of quashing the gazette notice, which relates to the nomination of Shamalla by the party to the National Assembly.
Noor wants the court to prohibit the Parliamentary Service Commission from swearing her in as a nominee.He also wants an order to compel the IEBC to gazette him as a nominee of Jubilee Party to the National Assembly to represent the marginalised group.In his application, Noor also asked the court to summon IEBC chairman Wafula Chebukati to appear and show cause why he should not be cited for contempt.
He filed the application on grounds the parties tribunal issued a decree, directing Chebukati and the chairman to strike Shamalla’s name off the list of nominees of Jubilee Party to the National Assembly.
The tribunal further ordered that the IEBC reconstitutes the party list in accordance with the law.
“Chebukati has failed, neglected and refused to comply with the decree of the Political Parties Disputes Tribunal made on July 29,” the affidavit said.
Mr Noor supported his affidavit by saying that he is fit for the position as he comes from the marginalised community and he is a member of Jubilee Party.
