Blow To UDA As Court Of Appeal Revokes Nomination Of 9 Uasin Gishu MCAs
- Published By Jane Njeri For The Statesman Digital
- 10 months ago
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It further directed that the persons whose names have been revoked will no longer be accorded the status, rights, privileges and any other entitlement as Members of the County Assembly of Uasin Gishu.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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