Tinet ward in Nakuru faces re-alignment
13 July 2012, 21:36
The high court ruled that Tinet ward based in Nakuru County would be re-aligned to comprise Tinet ward based which is situated in Kuresoi South constituency. With an estimated population of 32,418, the ward shall harbor Chepalungu, Tinet, Chemaner and Kapnanda sub-locations.
The high court made the ruling stating that, “The newly formed 80 constituencies shall remain as they are.” The ruling was made by a five-judge bench chaired by Justice Hellen Omondi, Ruth Sitati, Mohamed Warsame, David Majanja and Pauline Nyamweya. The judges were categorical on the fact that the applicants raising the complaints failed to satisfy them as to why they ought to be considered in the yet to be created constituencies.
On some related issues which arose during the ruling, the Independent Electoral Commission and Boundaries Commission was absolved by the judges against any blame insisting that they indeed adhered to the expected procedures and governing laws required in creating the 80 new constituencies. In an attempt to ensure equality in the process, the judges corrected the necessary anomalies which were detected during the delimitation exercise. The exercise saw some wards moved while others were merged in order to foster equitable representation in the respective neighbouring constituencies.
The Ogiek in Nakuru County, Teso in Busia and Ilchamus in Baringo Central normally considered as the marginalised groups were dealt with a blow to what the judges cited as lack of merit in their applications. However, the court came out clear stating that the marginalised and minorities couldn’t be ignored or underestimated in any way. “The only factor availing solace to minority groups is to find affirmative action provided in the constitution and also inclusive in the Political Parties Act. This should be a matter of national outlook,” said the judges.
The judges added that no breach of the constitution was detected and that the High Court had the powers to ensure full compliance of the constitution. They however made it clear that the IEBC’s mandate had ended with the publication of the new boundaries carried out and for that reason the court couldn’t in any way drift back to the job.
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