By Our Correspondent
Worth Noting:
- They want the court to issue orders to the effect that the party list published on July 27 over the election by way of nomination of the position of MCA be used by Independent Electoral and Boundary Commission (IEBC).
- In their four applications before Nyeri Principal Magistrate Mathias Okuche, the petitioners also want an order be made that the party list submitted by the Clerk of the Assembly in respect of the nomination of MCA be used.
- The three petitioners have also asked court to nullify gazettement and subsequent swearing in of the four Member of the County Assembly and be awarded the cost of the petition.
Some members of the party that propelled President William Ruto to power want nomination of four Members of County Assembly nullified over unprocedural manner the matter was handled.
The section of members and supporter of United Democratic Alliance (UDA) have moved to court to challenge the party list of four nominated members to the County Assembly of Nyeri.
In separate petitions they want the court to overturn the nomination of Priscilla Thanji Mwangi, Fidelius Wangui Nderitu, Janet Muthoni Kamiru and Patrick Karanja Maina.
The petitioners, Nancy Nyambura, Margaret Nderi and Abdi Ahmed Mohammed avers that their names were omitted in the party list published in media on August 23 by the Clerk of the Assembly.
They want the court to issue orders to the effect that the party list published on July 27 over the election by way of nomination of the position of MCA be used by Independent Electoral and Boundary Commission (IEBC).
In their four applications before Nyeri Principal Magistrate Mathias Okuche, the petitioners also want an order be made that the party list submitted by the Clerk of the Assembly in respect of the nomination of MCA be used.
The three petitioners have also asked court to nullify gazettement and subsequent swearing in of the four Member of the County Assembly and be awarded the cost of the petition.
“The court should issue in order revoking the Kenya gazette Notice number 10712 that illegally omitted my name in the list of nominee and replacing it with Thanji,” Nyambura states.
Initially, Nyambura noted she had appeared on number 13 of the Gender top up list for the position of MCA as per the party list submitted to the Clerk of the County Assembly.
“Later while checking on the IEBC website I realized my name had been left out from the gender top up list published on August 23,” the petitioner adds in her petition.
Nyambura said she filed a complaint on August 25 with UDA Electoral and Nomination Dispute Resolution committee that resolved to abide by the nomination list submitted to IEBC on July 27.
“The committee further asked electrol commission to rectify and update UDA party nomination list and reinstate my name as number 13,” the petitioner observes.
She says upon the same being published on Kenya gazette on September 9 she discovered IEBC had published the list without her name contrary to the directions of the committee.
“Aggrieved by action I applied to the Political Parties dispute resolution tribunal Vide PPDT number 001 /2022 that still adopted the decision of the committee directing IEBC to utilize the list submitted by the clerk of the assembly,” Nyambura states.
On her part, Nderi in her application want revocation and nullification of Kamiru and Nderitu on the basis the nomination of eight additional members were flawed as all nominations slots were given to UDA, given its strength within the assembly.
In his case, Mohamed want the court to nullify the nomination of Maina, who he claims replaced him under the marginalized category.
“The committee in a ruling dated August 25 agreed there was no justifiable reason to warrant downgrading my name in the nomination list,” the petitioner explained.
Elizabeth Angira