Nairobi high court has dismissed an application by the former IEBC chair Aden Noor Ali that challenged the nomination of lawyer Jenifer Shamalla as Member of National Assembly by Jubilee party to represent the marginalized community in parliament.
While delivering the ruling, Justice John Mativo ruled that the application by Noor lacked merit and therefore did not satisfy the threshold to be granted the sought orders.
“I find that the Preliminary Objection raised in this case has merits and I uphold the one raised by the counsels for Independent Electoral and Boundaries Commission (IEBC) and Jenifer Shamalla” said Mativo.
Mativo added that applying the principles laid down in the authorities cited above, and guided by his determination of the issues he had to dismiss the application.
Mativo said that on this ground alone, the applicant’s application for leave to instate judicial proceedings premised on the facts discussed above fails.
Noor had argued that the chairperson of Parliamentary service commission disobeyed a decree rendered by the Political Parties Dispute Tribunal (PPDT) and gazette Shamalla.
Noor challenged the gazettement of Shamalla by the party as a representative of marginalized groups on grounds that Jubilee Party illegally nominated to the National Assembly to represent ‘special interests’.
The applicant was 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.