BY SAM ALFAN.
Disquiet is growing in NASA after Ford Kenya assistant general challenged its list of nominees to the East Africa Legislative Assembly, EALA.
The EALA list which has already been forwarded for approval to the National Assembly is been challenged in court by Mr Yasser Ali Sheikh.
He told the court that the list bears no nominee from Ford-K and that his name was excluded from the list that was submitted to the clerk of the National Assembly.
“Ford-K was not consulted nor provided with an opportunity to lobby for its preferred candidate,” claims Yasser
Sheikh claims that 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.
“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
Further, Yasser says that the whole process of nomination adopted by NASA was incurably and fatally flowed in substance, law and procedure and thus contravened article 47 of the constitution.
The petitioner now wants NASA compelled to produce the original written records of the proceedings at which the final decision to nominate candidates was arrived at.
He also wants the court to stop Parliament from recognizing any names of nominees as duly nominated members by NASA to the EALA.
In addition he 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.
Yasser says 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.
On 30th November, he alleges that NASA in complete violation and in disregard of the provisions of EALA rules on nomination the rights and interest of persons as enshrined in the constitution, NASA concocted a purported list of nominees.
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,” reads the petition
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.
Last week NASA sent names of their nominees for the East African Legislative Assembly to Parliament.
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 to EALA posts.
Parliament is expected to vet the names