11 UDA Politicians Lose Seats
11 UDA Politicians Lose Seats
11 UDA Politicians Lose Seats
As a result of a High Court decision that affirmed the revocation of their nomination as determined by a magistrate’s court, 11 members of the Uasin Gishu County Assembly have lost their seats. On Friday, Justice Stephen Riech of the High Court concurred with the decision that UDA had broken the law in nominating the 11 MCAs.
Chief Magistrate Mikoyan stated in a decision he made on March 15 that the nominations were unconstitutional because the ruling party and the Independence Electoral and Boundaries Commission (IEBC) relied on a list that the political parties’ tribunal had deemed invalid. The list was subsequently de-gazetted as per the Magistrate’s ruling, and it was made public on September 9, 2022. He defended the legitimacy of an initial list that was created on July 27 and questioned why it was not accepted.
The party list for the UDA Uasin Gishu Member of County Assembly (Gender Top Up and Marginalized) categories, which was published by the IEBC via Gazette notice No. 10712 Vol. CXXIV-No. 186 dated September 9, 2022, is declared to be illegal, void, and unenforceable by the court.The nomination of the 11 was disputed by a petitioner and the political parties’ tribunal on the grounds that it disregarded those with disabilities (PWDs).
Since UDA submitted an incorrect list that was made public on the IEBC website on July 27, 2022, just days before the General Election, Chief Magistrate Mikoyan noted that justice needed to be done.The Court further noted that on August 24, 2023, a new list was released. The names of people who were on the initial list, however, were no longer there. Complainants asserted that IEBC disregarded their concerns and properly relied on the list that the political parties’ tribunal has now annulled at the same hearing before Chief Magistrate Mikoyan.
Which list did the IEBC use to list the newly sworn-in members of the assembly? The court determines that IEBC and UDA used a list that had been deemed null and void despite ignoring a ruling from the political parties’ tribunal over which list to use, Mikoyan said.
The best course of action, according to Chief Magistrate Mikoyan’s directions, would be to let the United Democratic Alliance fully carry out the Registrar of Political Parties’ directives. This indicates that any Uasin Gishu County Assembly member who was elected by way of nomination and whose name appeared on the list released on August 24, 2022, was not duly elected. “Only the list as of July 27, 2022, is valid. In conclusion, the list that was published in the gazette on July 27 is the only one that correctly constitutes the county assembly of Uasin Gishu. The gazetted MCAs were not legitimately elected by nomination, according to Chief Magistrate Mikoyan.
Cleophas Malala, the secretary general of the UDA, has not yet issued a remark regarding the cancellation of the 11 MCAs.
