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Slain Kabete Member of Parliament George Muchai.
High court has declined to halt Jubilee Alliance Party nomination for Kabete constituency schedule for tomorrow 14 March 2015.
Justice Mumbi Ngugi said the applicant who has sought the order has come too late when arrangement have been made by the party.
The judge the petition has filed by James Githua Kamau is an abuse of the court process and the same stand dismissed.
The lawyer representing JAP Mr Julius Kitheka, told the judge that the applicant has attempted to ambush the court at twelve hour while he was aware the nomination is to be conducted tomorrow
He said that the applicant has demonstrated the prejudice he will suffer if the nominated are held has scheduled.
“There is no violation on the part applicant if the nomination is held he just one person out large population in the constituency” the court heard.
The nomination are being conducted a head of the by-election to be held in the constituency following the tragic murder of former area MP George Muchai
Mr Kamau rushed to court, saying that he is an Seventh Day Adventist Church and will not be able to participate in the nomination.
He said that the nomination will not be free and fair has will be excluded from participating in the nomination process.
He told the judge that the court has supervisory powers over JAP entitling it prohibit the continuation of the scheduled nomination pending the hearing and determination of the application.
The court heard that the planned nomination are unconstitutional has they are intended to intimidate and deny him the opportunity to participate.
The petitioner sought that the said nomination be held on Monday since returns are to be taken to Independent Electoral and boundaries commission on 19 March.

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