COTU fails in bid to kick out parliamentary nominees
24 March 2014, 22:04
Nairobi - The High Court has dismissed a plea by the Central Organization of Trade Unions COTU seeking to have nominees to the 10th parliament by political parties removed.
High Court yesterday dismissed Central Organization Trade Union (COTU) case
challenging the list of nominees to the National Assembly as prepared by seven
Isaac Lenaola ruled that COTU moved to court in a misguided manner and would
not even benefit from the outcome of the suit even if their arguments were
upheld in the case.
have anxiously considered the position of members of the Senate and National
Assembly nominated, already gazetted and became members of the respective
houses of Parliament, in the circumstances, I am constrained to decline any
orders affecting the duly gazetted members of the National Assembly and
Senate,” said Justice Isaac Lenaola.
had alleged that TNA, ODM, Wiper, Ford Kenya, UDP and URP unlawfully prepared
in the list of nominees to the National Assembly which was later published by
the Independent Electoral and Boundaries Commission (IEBC) on March 20 last
trade union had sought a declaration that the party list that consisted of 12
nominated legislatures was a breach to their constitutional obligations. They
had also challenged IEBC's decision to gazette nominees to the National
Assembly as unconstitutional.
wanted the gazetted list be declared unconstitutional.
Kenya had raised objections to the suit filed on March 7 last year
against the IEBC and the seven political parties saying that court had no
jurisdiction to handle the matter.
Kenya argued that COTU sidestepped Section 74 of the Elections Act 2011 by not
even attempting to appear before the IEBC’s dispute tribunal as well as the
Political Parties Act in suing them after the required 28 days of the parties
Kenya also told COTU to bark off since it is not a member of any political
had wanted to amend the petition following the harsh objection from Ford Kenya
however the judge directed the case be argued and heard as it were.
judge however suggested that if COTU arguments were upheld they would go ahead
to amend the petition which in the end denied them the chance in his ruling.
to Regulation 56 of the Elections Act, nominated Members of the National
Assembly are required to be nominated by parliamentary political parties long
before the General Elections and then a Party list is forwarded to IEBC.
Attorney General also sued in the suit supported the objection but
categorically argued that the Political Parties Tribunal was the right forum to
challenge the alleged failure of a political party to nominate “workers” to its
Lenaola ruled that since the period for filing an election petition has already
passed the suit is a misguided way of challenging an issue of great importance
to the constitution.
Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.