Fate of 9 UDA Uasin Gishu MCAs sealed as High Court orders their de-gazettement
Members of Uasin Gishu County Assembly during a sitting.
President William Ruto's United Democratic Alliance (UDA) party has suffered a major setback after the High Court in Eldoret upheld last year's decision to cancel the party's nomination of members of the Uasin Gishu County Assembly.
Justice Reuben Nyakundi on Wednesday ordered the Independent Electoral and Boundaries Commission (IEBC) to de-gazette the nine MCAs and publish the approved list within 14 days.
The list of MCAs who lost their jobs includes James Wachira, Belinda Chebichi, David Waiganjo, Rhodah Cheruiyot, Nancy Kiboi, Hassan Chepkoech, Sarah Abdi, Migraine Chebet and Juliet Chelimo.
The court directed that the persons whose names have been revoked should not enjoy the “status, rights, privileges and all other entitlements” as members of the Uasin Gishu County Assembly.
Those whose names the court has directed the electoral body to publish under the gender top-up list are Caroline Jeptanui, Cherono Caroline, Tirop Everline, Serem Naomi, Ngetich Pamela, Sharon Jewel Kogo, Burgei Veronica, Mutai Celestine, Rebecca Jerop.
Others to be gazetted under the special category are Kiplagat Gerald, Wambui Tabitha, Kering Robert and Regina Chemba.
The court's order means that among the nominated MCAs who lost their jobs, six were irregularly shortlisted in the gender top-up list and three in the special category.
The court directed that the Uasin Gishu County Assembly, upon the gazettement of the new list, should proceed to swear in them at its immediate sitting.
Declare the positions vacant
The court also directed that should the IEBC fail to gazette the new names within 14 days, the Speaker of the County Assembly should declare the positions of the nominated MCAs vacant.
“Upon declaring the positions vacant in terms of order about the above, 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 of Uasin Gishu,” ruled Justice Nyakundi.
The tribulations of the affected MCAs began on March 15, 2023, when a magistrate court nullified their nominations.
While nullifying their nomination, Chief Magistrate Dennis Mikoyani ruled that the list of MCAs had been gazetted illegally. He said the IEBC had gazetted the MCAs illegally, yet the list had been rejected by the Political Parties Tribunal.
The ruling followed a petition filed by two Uasin Gishu residents, Celestine Mutai and Robert Kiptanui.
The affected MCAs appealed the decision to the Election Petition Tribunal presided over by Justice Stephen Riech.
On September 1, 2023, Justice Riech upheld the decision, stating that the lower court had not erred in its ruling.
Justice Riech agreed with the ruling, saying that UDA had not followed the law in nominating the MCAs.
“A declaration is hereby issued that the party list for UDA Uasin Gishu Member of County Assembly (Gender top up and marginalized) categories published by the IEBC vide Gazette notice No 10712 Vol CXXIV-No 186 dated September 9, 2022, is unlawful, null, and void,” ordered Justice Riech.
Wednesday's ruling was a third blow to the nine MCAs.
Despite the three rulings, the affected MCAs still have more legal windows to explore, for now, they can go to the Court of Appeal, and if the Court of Appeal does not rule in their favour, they can still go to the Supreme Court.
