Chief Justice Martha on Tuesday appointed Justice Eric Ogolla to hear a petition challenging the party lists by Azimio la Umoja Coalition affiliate parties.
The senior judge will hear a petition by Tony Gachoka which, if successful, would see Azimio parties reopen the lists that was submitted to the electoral commission before the August 9 polls.
It was from the Party Lists that the Independent Electoral and Boundaries Commission picked nominated MPs and Senators for the 13th Parliament based on order of merit.
Gachoka wants the court to compel Azimio la Umoja One Kenya Coalition parties to correct omissions to nominate persons living with disabilities.
The petitioner had applied to the High Court Constitutional and Human Rights Division for orders to rule that he was qualified for nomination to Parliament to represent persons loving with disability on the Narc ticket.
He wants the Court to rule that the Charity Ngilu led Narc submitted his name top on the list but he was left out unfairly when IEBC published the final list.
He avers that the IEBC did not offer any explanation on the omission yet Narc had submitted his name top on the list.
Through Miller and company advocates, Gachoka lists Ngilu, the IEBC, NARC party and Azimio La Umoja One Kenya Coalition party as respondents.
He wants all the nominations by Azimio affiliate parties declared null and void as none of the affiliates nominated persons living with disability.
In his ruling last Friday high court judge Justice H I Ong’undi ruled the application challenging Narc’s nomination list was an election petition and directed the file be placed before the Chief Justice to appoint a judge to hear it.
The court also ordered the petitioner to make the requisite payment of security deposit as per the elections act “to enable the matter be gazetted as an election petition.”
Notably, no Azimio affiliate party had contested Gachoka’s application.
If successful, the move could toss the nominations to the national Assembly and County Assemblies into a dramatic reconfiguration.f
Azimio affiliate parties and their leadership will have to decide on which party lists will be revised to accommodate persons living with disabilities if the petition is successful.