An Eldoret court on Wednesday 15th March nullified the nomination of 11 MCAs into the county assembly citing that the list gazetted by IEBC was null and void.
“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.
Chief Magistrate Dennis Mikoyan delivered the ruling following its submission by a section of civil societies challenging the nominations. According to the magistrate, Independent Electoral and Boundaries Commission (IEBC) had relied on a list that had been disowned by the Political Parties Tribunal. The tribunal decision followed retaliation by People Living with Disabilities over exclusion.
Gazetted nominated MCAs in Uasin Gishu included Mercy Jepkurui of Jubilee, Cherono Caroline, Chelimo Juliet, Kebenei Magrinah Chebet, Aidid Sahra Abdi, Hassan Saida Chepkoech, Kiboi Chemtai Nancy and Rebecca Jerop from UDA.
Others included Kemboi Roda Jelagat, Serem Naomi Chepkemboi, Tirop Evarlyne Chepkoech, Waiganjo David Waweru, Tirop Belinda Chebichii and Wachira James Maina from UDA.
The magistrate established the only valid list, as presented to the IEBC on July 27th, 2022. Not 24th August 2022. IEBC, therefore, was at fault, according to the magistrate for gazetting the latter despite concerns by the tribunal. People Living with Disabilities had been left out; while nominating representatives for the special groups. Considerations had however been given to the Marginalised and gender top-up had however been considered.
Conclusion as per the MCAs nullification
The petitioners have raised their concerns over the lack of fairness by the UDA party. Evident from its failure to recognize the rights of People Living with Disabilities.
The IEBC is therefore directed to de-gazette the list through another gazette notice.
With that said, the UDA Party, therefore, will be expected to draft another list of individuals for consideration by the IEBC.
Despite this, the battle seems to be far from over yet. A section of the MCAs has vowed to appeal the ruling at the High Court.
MCA nomination slots at the County Level are 14. Out of the 14 slots, UDA got 13 nomination slots. This means that 3 of the nominated members were spared and now await the fate of their counterparts.