The assistant General of Ford-K Party has moved to court seeking orders stopping the National Assembly from recognizing any names of nominees as duly nominated by NASA as duly elected members to the East African Legislative Assembly (EALA).
Yasser Ali Sheikh says that the list bears no nominee from Ford-K and that his name was excluded from the list that was tendered to the clerk of the National Assembly.
“There was no legal obligation either on the part of the respondents and the clerks of the parliament to publish the list of the nominated candidates provided by NASA and the petition has been brought at the earliest possible opportunity,” says Yesser.
He argues that Ford-K was not consulted nor provided with an opportunity to lobby for its preferred candidate.
“In failing to take into consideration the inclusion of a member from one of its coalition partners and also a member for the Coast region, a stronghold of NASA amounts to a heinous act of impunity on the part of organs of the coalition,” says Yasser.
He argues that he was one of the 3 FORD-K whose applications were considered by the clerks of both houses and subsequently forwarded to NASA for consideration as nominee.
The petitioner now wants NASA compelled to produce the original written records of the proceedings at which the final decision to nominate candidate was arrived at.
He also wants the court to stop the 12 NASA nominees from canvassing, lobbying, campaigning or seeking the support of any member of parliament entitled to vote at the election by the national Assembly and senate to the East Africa Legislative Assembly.
Yasser claims that NASA did not involve, consult or grant Ford-K an opportunity to inspect and verify the authenticity of the nomination papers of the eventual nominees.
“The list was arrived at without consulting or involving Ford-K an equal coalition partner and constituent party in the final decision making process,” he says.
The petitioner avers that the opposition should be free from bias and above reproach especially in as far as it relates to the nomination of candidates to EALA which is the premier legislative organ of the East African Community.
In the certificate of urgency case filed at the Milimani law court, the petitioner says that coming from a marginalized group, NASA is in breach of article 56 of the constitution as he has been prevented from participating and representing his group in governance matters.
Raila’s brother Oburu Odinga and Kalonzo Musyoka’s son Kennedy, coalition’s Chief Executive Officer Norman Magaya, Fatuma Ibrahim, Winfred Mutua among others have been nominated by NASA for EALA posts.