On May 30, 2022, the High Court made a significant ruling in the case of Deka Ali Khala versus Orange Democratic Movement (ODM) National Elections Board.
Justice Sergon directed ODM to declare Deka Ali Khala as the duly nominated candidate for the Mandera East Constituency, effectively overturning a decision by the Political Parties Dispute Tribunal (PPDT) that had ordered a fresh nomination.
The court found that the PPDT had erred in directing ODM to conduct a fresh nomination, thereby giving the party an opportunity to issue a certificate of nomination to its preferred candidate, Hussein Wetyan Mohamed Abdirahman.
However, Khala had already possessed a valid certificate of nomination, which had not been revoked.
Khala had accused ODM of issuing a direct nomination to Abdirahman, despite her winning the party primaries held in April.
ODM had claimed that there were no nominations, and instead preferred to give a direct ticket to Abdirahman as the suitable candidate.
Khala argued that she was validly nominated as a member of the National Assembly in accordance with ODM's constitution and primary election rules.
She dismissed claims that she was nominated by the party, calling it misplaced and without legal basis.
