Court nullifies nominations of 13 County assembly members
14 November 2013, 09:49
Nyeri - The nomination of 13 Members of Nyeri County Assembly from TNA party has been nullified by court of appeal at Nairobi.
The High Court that affirmed their nomination saying it was fair, but a three-judge-bench comprising Justice David Maraga, John Mwera and Jamila Mohamed set aside the ruling saying the exercise was not fairly done.
The court found that the nomination exercise in the entire County was shambolic.
However, Nyeri County TNA party chairman, Mahinda Kanyora, on Wednesday welcomed the court’s decision and said the nominees were not appointed fairly and most of them were not members of the political party.
He added that the affected nominees were not loyal to the party and were supporting other quarters while in the County assembly.
The suit was filed by four TNA members who were infuriated by the exercise that gave opportunity to other interested people from other political parties.
They were claiming that despite their names being in the TNA list, the electoral commission gazetted names of other persons.
They accused the electoral commission of ignoring the constitutional requirement of regional balance.
They faulted the IEBC for discriminating Mathira and Mukurweini constituencies by not selecting members from the two areas. Some constituencies got more than two representations.
While addressing media, Mahinda said the nullified nominees secured seats by merit of their friendship with area MPs despite that they were not registered members of the political party.
He argued that some of them have been nominated for five consecutive terms therefore denying youth opportunity in leadership.
However, the suit had been dismissed by High Court on July 12, provoking the petitioners to seek justice from the upper court.
The petitioners were further infuriated by the High Court judges, Mumbi Ngugi, David Manjanja and Joseph Korir, for ignoring their evidence and denying them a fair hearing.
They told the appellate court that it is clear from the registrar of political parties’ letter dated May 16, that most of the selected nominees were not members of TNA party therefore violating the constitution.
In regard to regional balance, they argued that the party lists should meet the equity and inclusiveness requirements in the constitution and that the nominees should reflect regional balance of the constituencies.
In response, the electoral commission said nominations for County assemblies does not include the principles of equity and regional balance compared to national level.
The court observed that during the petition hearing, a group of five nominated MCAs appeared in court, made brief submissions and asserted that they were properly nominated while others chose not to appear or send legal representatives.
The court ruled that the complaints were genuine and Nyeri County nomination list was fundamentally irregular.
The court further ordered the political party to submit to the electoral commission a proper party list within 15 days and be gazetted within seven days.
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