Nominated legislator Abubakari Ahmed Talib alias Abu got a reprieve after the Court of Appeal upheld a high court decision.
Court of appeal judges sitting in Nairobi have struck off consolidated appeals filed against the nomination of Abu under the Wiper Democratic Movement party.
The court of appeal judges consisting of Lady Justice Pauline Nyamweya, judge Ali - Aroni and Justice Mwaniki Gachoka said in their 15-page judgement that the consolidated appeal by Wiper Secretary-General Shakila Abdalla and party member Lucas Mulinge Wambua against Abu’s nomination has been struck off due to lack of jurisdiction.
They said for the court of appeal to entertain the aggrieved parties' appeal would be acting outside their mandate as stipulated in the section's act.
"If we had entertained the appeal filed by the duo as to which was the proper and genuine party list and whether Abu was validly nominated we would be acting outside our mandate," they pointed out.
The judges said in the judgment their hands are tied as the gazettement of Abu as nominated MP has already taken place and Abu has been sworn in,
The judges pointed out the aggrieved parties failed to follow the correct legal procedure to challenge Abu's nomination.
