The High Court in Eldoret ordered the polls body to degazette the names of 13 Members of County Assembly (MCAs) who had been nominated by UDA party to the Uasin Gishu County Assembly.
This ignited mixed reactions on those affected. The affected MCAs lost a court battle in which their nomination had been challenged after the last general elections.
Justice Reuben Nyakundi directed that the 13 be degazetted and their names be replaced by 13 petitioners who won the court nomination court battle at the lower courts, High Court and Court of Appeal.
Those to be removed include Naomi Chepkemboi, Roda Kemboi, Rebecca Jerop, Nancy Jemutai, Saida Chepkoech, Sahra Abdi, Magrinah Chebet, Juliet Chelimo and Caroline Cherono who had been nominated by UDA under the gender top up list.
Others whose names will also be degazzetted include Wachira Maina, Belinda Tirop, David Waiganjo and Evelyne Chepkoech who had also been nominated by UDA under special category.
Justice Nyakundi directed Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer Marjan Hussein Marjan to effect the court orders within 14 days.
Marjan has also been ordered to gazette the names of the 13 petitioners as new MCAs at the Uasin Gishu County Assembly.
“The IEBC chief executive officer Marjan Hussein Marjan is hereby compelled to within 14 days cause to be published in the Kenya Gazzette the listed names as MCAs of the Uasin Gishu County Assembly,” said the judge.
Those whose names are to be gazetted as new MCAs at the assembly include Carolyne Jeptanui, Cherono Carolyne, Everlyne Tirop, Naumi Serem, Pamela Jemutai, Sharon Kogo, Burgei Veronica, Celestine Mutai and Rebecca Jerop under the UDA gender top up list.
Others to be gazetted as new MCAs include Gereld Kiplagat, Tabitha Wambui, Robert Kiptanui and Regina Chumba to be included under the UDA special category list.
Justice Nyakundi also ordered the speaker of the assembly to immediately swear in the new MCAs at the next sitting of the assembly after their names are gazetted.
The judge directed that should the IEBC boss fail to gazette the names of the new MCAs within the 14 days then the speaker will proceed to swear them as MCAs.
“That in the event of failure to comply with the court orders within the stipulated time the applicants (new nominees) shall be deemed to have been duly nominated and sworn in and they will be at liberty to take up their positions as MCAs at the assembly,” ordered Nyakundi.
Justice Nyakundi directed that the deputy registrar of the High Court in Eldoret under ministerial powers donated by the statute will serve court ruling on the IEBC boss and the assembly for compliance.
The new UDA nominees had after the elections moved to the court arguing that their names had been irregularly removed from the original party listed of nominated MCAs before they were gazetted.
The new nominees include people living with disabilities who had been left out by the party.
The MCAs whose names will be degazetted had served at the assembly for over one year.
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