BY SAM ALFAN.
The High Court has directed Orange Democratic Party (ODM ) to declare Deka Ali Khala as the duly nominated candidate for the Mandera East Constituency.
Justice Sergon said the Political Parties Dispute Tribunal (PPDT ) was wrong in directing ODM National Elections Board to conduct fresh nomination in Mandera East Constituency.
He said the decision would ensured the party issued the certificate to its preferred candidate Hussein Wetyan Mohamed Abdirahman.
“In the circumstances of this case, the tribunal erred by ordering fresh nomination to be done thus granting the 1st respondent a chance to issue to its preferred candidate a certificate of nomination yet the appellant still possesses a valid certificate which has not been revoked,” the judge said.
Khala had accused the party of issuing a direct nomination to Abdirahman ye she won the party primaries held in April.
The Orange party had claimed that there were no nomination as it preferred giving a direct ticket to Abdirahman, as the suitable candidate.
“The Tribunal erred in pegging it’s decision on what it termed as lack of clarity on the manner in which Deka was nominated and awarded nomination certificate to contest for the Mandera East Constituency,” said Deka.
Khala argued that she was validly nominated as the member of National Assembly in accordance with ODM constitution and primary election rules.
She said the Tribunal erred in holding that there was no clarity in the manner she was nominated and awarded a nomination certificate on April 20.
She dismissed claims that she was nominated by the party calling it misplaced and without legal basis.