High court has upheld the nomination of lawyer Jennifer Shamalla by Jubilee party in the National Assembly to represent special interest group.
While delivering the judgment, Justice Stella Mutuku said that the petition was unmerited adding that no law was violated by jubilee party in nominating her.
Justice Mutuko therefore declared Shamalla’s nomination as valid.
“No evidence was adduced to support the claims by the petitioner, the court therefore concludes that the respondent was validly nominated,” the judge ruled.
She also exonerated Jubilee party from blame following her nomination to represent special interest group.
The judge also said that Noor failed to demonstrate that he deserved to be ranked as indicated in the petition
As a result, justice Mutuku threw out an application by former IEBC chair Aden Noor Ali contesting her nomination.
The court also rejected assertions by Noor that chairperson of Parliamentary Service Commission disobeyed a directive by the Political Parties Dispute Tribunal (PPDT) not to gazette Shamalla until matters to do with her nomination are resolved.
Shamala’s lawyer Conrad Maloba and Michael Amalemba had told the court that Shamalla deserved the nomination because she represents a special interest group and that a political party has a sole mandate to choose any person for nomination.
In the case Noor had challenged Shamalla’s nomination by JP to represent special interests of the marginalized groups.
He wanted her name substituted with his insisting that he is from the minority Somali while she is from the majority Luhya and represent no known special interest’s.
Noor has suffered double tragedy since the court also ordered him to pay a total of ksh.2million as costs of the petition.
High court judge John Mativo had earlier dismissed the application saying that it lacked merit and therefore did not satisfy the threshold to be granted the orders sought.
