By The Weekly Vision Team
President William Ruto’s United Democratic Alliance (UDA) Party has suffered a devastating blow after high court judge R. Nyakundi, sitting in Eldoret on January 23, 2024, ordered the de-gazettement of ten MCAs.
The Independent Electoral and Boundaries Commission’s (IEBC) CEO, Marjan Hussein Marjan, or any other person occupying the said office, were compelled to, within 14 days hereof, cause to be published in the Kenya Gazette a corrigendum to Gazette Notice 10712 of 2022 (special issue) dated September 9, 2022, and a ruling dated January 23, 2024.
In an appeal by disgruntled party members who were left out of the party’s nomination to the county assembly of Uasin Gishu, their appeal succeeded, and the judge ordered the names of Serem Naomy Chepkemboi, Kemboi Roda Chelagat, Rebecca Jerop, Kiboi Chemtai Nancy, Hassan Saida Chepkoech, Idid Sahra Abdi, Kebenei Magrinah Chebet, Chelimo Juliet, and Cherono Caroline as members of the county assembly of Uasin-Gishu under the gender top-up list for the UDA party to be deleted.
The judge substituted their names with those of Carolyne Jeptanui, Cherono Caroline, Tirop Everline Chepkoech, Serem Naumi Chepkembooi, Negtich Pamela Jemutai, Sharon Jewel Kogo, Burgei Veronica Chepkemei, Mutai Celestine Chepchirchir, and Rebecca Jerop as members of the county assembly of Uasin Gishu under the gender top-up list for the UDA party.
Further, the judge ordered that the names of Wachira James Maina, Tirop Belinda Chebichii, Waiganjo David Waweru, and Tirop Everlyne Chepkoech be deleted as members of the county assembly of Uasin Gishu under the special category for the party. The judge also ordered that the names of Kiplagat Gerard, Wambui Tabitha, Kering Robert Kiptanui, and Chumba Reginah Chepkemboi be included as members of the county assembly under the special category for the party.
It has been further ordered that upon declaring the positions vacant, the speaker of the county assembly of Uasin Gishu shall, in the immediate next sitting after the lapse of 14 days, proceed to swear the applicants into office as duly nominated members of the county assembly under the gender top-up list representing the United Democratic Alliance party. The ruling further reads, “In the event of failure to comply with the above orders within the stipulated time, the applicants shall be deemed to have been duly nominated and sworn in, in which case they will be at liberty to take up their positions as members of the Uasin Gishu county assembly, representing the United Democratic Alliance party under the gender top-up category.”.
The judge also dismissed the IEBC’s claims that since the commission has no chairperson and commissioners and this is a matter of judicial notice, the commission is unable to publish in the Kenya Gazette as ordered by the court. The judge also, in a tearful reply, reported that “the commission does not cease to exist due to the absence of the chairperson or commissioners.”.
The judge further noted, “My reading and understanding of the above provision is that once members of the county assembly are nominated and/or elected, it is the IEBC’s role to publish their names in the Kenya gazette to inform the public of the prospective officer holders. It is noteworthy that there is no mandatory provision to the effect that an MCA can only be sworn in after a gazettement. The gazettement only serves as an avenue to formally inform the public of the successful candidates and, as such, closes the election process.”.
