Blow to UDA as Court of Appeal revokes nomination of 9 Uasin Gishu MCAs
Nine United
Democratic Alliance (UDA) party Nominated MCAs in Uasin Gishu County have been dealt a blow for the third time in a row after the Court
of Appeal upheld a decision revoking their nominations.
While delivering
the ruling on Wednesday, Justice Reuben Nyakundi agreed with an earlier High
Court decision by Justice Stephen Riech and the lower court’s ruling made by
Chief Magistrate Dennis Mikoyan to the same effect.
Justice Nyakundi
hence ordered the Independent, Electoral and Boundaries Commission (IEBC) to
degazette the names of the affected MCAs within 14 days and gazette the
approved list within the same period.
The MCAs who
have now lost their seats include; James Wachira, Belinda Chebichi, David
Waiganjo, Roda Kemboi, Nancy Kiboi, Hassan Chepkoech, Sahra Abdi, Magrinah
Chebet, and Juliet Chelimo.
The court stated
that the nine persons will cease to hold office effective immediately after delivery of the
judgment.
Those whose
names the court has directed the polls agency to gazette under the gender top
up list are: Caroline Jeptanui, Cherono Caroline, Tirop Everline, Serem Naomi,
Ngetich Pamela, Sharon Jewel Kogo, Burgei Veronica, Celestine Mutai and Rebecca
Jerop.
Others who are
set to be gazetted under the special category are Kiplagat Gerald, Wambui
Tabitha, Kering Robert Kiptanui and Regina Chumba.
The court order
means that, among the Nominated MCAs who lost their jobs, six had been
irregularly shortlisted in the gender top up list and three others in the
special category.
Justice Nyakundi
directed that upon gazettement of the genuine list of MCAs, the Uasin Gishu
County Assembly should move with speed and conduct swearing-in in its
immediate next sitting.
The court also
advised that should the IEBC fail to gazette the approved names of the
nominated MCAs within the 14-day period, the Speaker of the County Assembly
should then declare the positions of the Nominated MCAs as vacant.
It further
directed that the persons whose names have been revoked will no longer be
accorded the status, rights, privileges and any other entitlement as Members of
the County Assembly of Uasin Gishu.
Last year in
September, the nine moved to the Court of Appeal seeking stay orders to have
the execution of Justice Reich's orders stayed pending the determination of
their second appeal.
They had claimed
that the decision upheld by the High Court was done erroneously, arguing that
the Chief Magistrate’s court lacked jurisdiction to hear and determine the
election dispute.
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