A nominated Member of County Assembly (MCA) of Nyeri has lost her seat after a Nyeri Court invalidated her nomination in an election petition suit.
At the same time, Chief Magistrate (CM), Wendy Kagendo upheld the nomination of 12 other nominated MCAs whose nomination together with that of the loser, Millicent Cherotich, was being challenged in court.
Following the ruling on Wednesday, the CM directed the Jubilee Party and IEBC to replace Cherotich who had been nominated to represent the marginalized groups with another candidate.
Ms. Kagendo, while nullifying the nomination of Cherotich, concurred with the petitioner, Asha Omari, that the nomination was illegal as Cherotich had not applied for the position.
While agreeing with the petitioner that the nomination denied the assembly representation of people with special needs, the Chief Magistrate said the marginalized group Cherotich was nominated to represent was non-existent in law.
The constitution does not provide for ethnic representation, but calls for community and cultural diversity in county representation, said the Chief Magistrate.
The respondent had submitted that she represented the Nyeri’s Kalenjin community in the assembly, adding she was married to a resident from Mukurwe-ini Constituency.
Her submission was however dismissed with the court arguing that it was not possible for her to pursue the interest of her community while she was married to an individual from another community.
It is absurd to argue that she was nominated to pursue the issues of Kalenjins. Can a person get married to another community and pursue interests of her community in her husband’s backyard? quizzed Ms. Kagendo.
While upholding the nomination of the other 12 MCAs, the CM said the petitioners, former County Chief of Staff, Maina Mathenge and community leader, Margaret Nyathogora, failed to prove allegations of favouritism and cronyism they argued characterized the nomination exercise.
The evidential burden and standard of proof solely lies with the petitioners, the Chief Magistrate said.
Source: Kenya News Agency