Simon Siele And Lorraine Anyango
26 February 2008
Nairobi — Mayoral elections in Nakuru municipal council were postponed Monday after PNU and ODM councillors failed to agree on the modalities of conducting the exercise.
Councillors allied to PNU candidate David Gikaria walked out in protest even as their ODM counterparts insisted that the elections be held as scheduled.
The PNU camp insisted that a properly constituted panel should be put in place, arguing that there were a lot of irregularities.
They took issue with the legitimacy of the town clerk, Mr Andrew Leina, arguing that he was in office irregularly as they had information that he resigned last December.
However, ODM, which was confident of carrying the day, accused PNU of trying to hijack the process after sensing defeat.
The party had fielded councillors Mike Brawan and John Kitilit.
Mr Gikaria's backers petitioned Mr Leina to postpone the election, but ODM's 11 councillors stood their ground and demanded that the elections proceed as scheduled.
Mr Gikaria and his supporters, led by Mr Charles Maisiba and Mr Zacharia Njeru, dominated the argument that kicked off soon after the council's 19 councillors had been sworn in.
Mr Maisiba tabled a letter purporting to have originated from the Public Service Commission to indicate that Mr Leina retired on December 31, last year, and hence it was illegal for him to preside over the mayoral elections.
Offered to withdraw
However, Mr Leina offered to withdraw and have his deputy preside over. ODM even proposed that councillor Kassim Gibe take over, but the PNU camp would hear nothing of it, claiming that the exercise would be flawed.
At the same time, Nakuru chief magistrate Gilbert Mutembei dismissed an application seeking to bar the swearing in of two ODM councillors.
He also dismissed another application seeking to restrain the Nakuru town clerk from swearing in the councillors, saying one could not seek orders against a party that was not in court.
This followed a move by two PNU civic candidates who lost in the recently concluded General Election to have the court bar the winners from being gazetted and certified by the Electoral Commission of Kenya.
Mr Richard Masika Makotha, who vied for the Hospital Ward seat and Mr Francis Mwangi Ng'ang'a, who contested the Shauri Yako Baharini Ward seat, both wanted the court to issue orders to restrain the ODM candidates who won from taking office.
Mr Mathoka wanted the court to nullify the election of Mr Stephen Kiprono Chumo while Mr Ng'ang'a opposed the election of Mrs Rose Lai.
Both Mr Mathoka and Mr Ng'ang'a claimed that the ECK had revoked elections in the two wards due to irregularities in the ballot papers.
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