Court declines to issue orders sought by nomination losers

[Photo: Courtesy]

The High Court has refused to issue conservatory orders sought by Jubilee Party primaries losers.

The aspirants had sought to stop submission of a list, to the Independent and Electoral Boundaries commission (IEBC), of proposed names for nomination to the National Assembly, Senate and county assemblies.

Justice Maureen Odero declined to issue the orders sought by the 43 aspirants and directed that the matter be heard first.

The aspirants, led by Nkauraki Lesidai, in a sworn affidavit, had sued Jubilee Party and IEBC for alleged irregularities in the list of nominees.

Filed under a certificate of urgency, the aspirants said the list consisted of friends and relatives of some party leaders and candidates.

They wanted the court to issue conservatory orders preventing the party from presenting the list of nominees including the ‘top-up’ to fill gender gap, marginalised groups and special interest groups.

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They also wanted the judge to issue an order revoking the list of nominees to various positions pending hearing and determination of a suit in court.

In their application, the aspirants informed the court that persons appearing on the list as nominees had not been interviewed and considered by the party before their names were submitted to IEBC.

“That this honorable court be pleased to issue an order compelling the party to recall the applicants for interview before submitting the list for nominations to IEBC pending hearing and determination of this application,” read part of the notice of motion.

Mr Lesidai said the aspirants had applied to be considered for nomination and were still waiting to be called for an interview.

They claimed the process was against the nomination rules which called for a competitive selection. They termed the list submitted by the party as irregular, saying it failed to conform to the rules of natural justice.

The case will be heard on June 30.

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