Veteran lawyer Jennifer Shamalla may now breathe easy now that the high court has dismissed a case challenging her nomination as Member of National Assembly by Jubilee party to represent marginalized community in the National Assembly.
Justice John Mativo ruled that the case filed by former Jubilee Elections Board Chairman Aden Noor Ali had no merit and the applicant had not satisfied the threshold to be granted an order annulling the nomination.
Aden Noor challenged the gazettement of Shamalla by the party as a representative of marginalised groups on grounds that Jubilee Party illegally nominated Shamalla to the National Assembly to represent ‘special interests’.
Noor moved to court 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.
Justice Mativo upheld the preliminary objection raised by Shamalla saying: In applying the principles laid down in the Constitution, I find that the preliminary objection raised in this case has merit and I also uphold the one raised by the counsel for the Independent Electoral and Boundaries Commission.