The Court of Appeal has revoked the nomination of nine United Democratic Alliance (UDA) Members of County Assembly attached to Uasin Gishu County government.
In his ruling, judge Reuben Nyakundi ordered the Independent Electoral and Boundaries Commission (IEBC) to degazette their names within 14 days.
“The names of the nine affected persons as Members of the Uains Gishu County Assembly under the special category and the gender top-up list are deleted,” he ordered.
Under the gender category, IEBC will now nominate Celestine Mutai (petitioner), Burgei Veronica, Sharon Jewel, Pamela Ngetich, Serem Naomi, Caroline Jeptaanui, Cherono Caroline and Tirop Everline Rebecca Jerop.
Besides, Gerald Kiplagat, Regina Chumba, Robert Kiptanui (petitioner) and Tabitha Wambui will also be nominated under the special category.
Court Revokes UDA List
Nyakundi upheld the decision by Chief Magistrate Dennis Mikoyani in March 2023.
Mikoyani had revoked the list of the MCAs on the grounds of illegal gazettement.
In his ruling, the magistrate faulted IEBC for gazetting a contested list, even after the Political Parties Tribunal rejected it.
He ruled that it was illegal for IEBC to publish the list of Nominated MCAs presented on August 24, 2022, since it had left out names of genuine members who had been approved by the Political Parties Tribunal.
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“I do declare that the list for UDA Uasin Gishu County Assembly published by IEBC on its website on August 24, 2022, is illegal null, and void,” ruled the Magistrate then.
Mikoyani further directed IEBC to degazette the list of MCAs who were gazetted on September 9, 2022, through a gazette notice number 10712.
The magistrate said the genuine list of the nominated MCAs was the one dated July 27th, 2022, and not the one filed by UDA on August 24th, 2022.
The 11 MCAs were not in the original list of nominated MCAs filed by UDA.
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Petitioners Challenge MCA Nomination List
Two Uasin Gishu residents Celestine Mutai and Robert Kiptanui filed a petition challenging the nomination list.
Celestine Mutai, who was the main petitioner, opposed the list describing it unconstitutional, since it left out genuine names of special groups, including people with disabilities.
She sued IEBC and UDA as first and second respondents, together with seven interested parties.
The court also faulted IEBC for denying the petitioner the legitimate expectation to be nominated by UDA through the gender top-up category.
