9 July 2013

Kenya: Gazette Special Seats Nominees, IEBC Told

Photo: The Star
Statement over teachers' strike as Kenya union officials walkout of the negotiations.

THE Independent Electoral and Boundaries Commission has been ordered to publish the names of all county assembly special seat members whose nomination has not been challenged in court.

High Court judges Mumbi Ngugi, David Majanja and Weldon Korir judges said the resolution of the disputes out of court was taking too long.

Lawyers of IEBC and some nominated members agreed that the dispute resolution process should be concluded.

The judges have already completed the hearings of 50 cases challenging the decisions of the disputes resolution committee and the judgments will be delivered on July 12.

Ngugi, Majanja and Korir ruled that IEBC should gazette the names of all nominated assembly members in accordance with sections 34 and 35 of the Elections Act, "except the names affected by the cases filed in the High Court on or before close of business on July 4".

The nominees to special seats' lawyer Anthony Oluoch told the judges that assemblies working without his clients is a breach of the constitution and election regulations.

Oluoch said the failure to gazette the nominees to the 47 counties in line with party lists amended by the IEBC Dispute Resolution Committee is illegal and against the expectations of the country and his clients. Some of the nominees are from Nairobi, Nyeri, Kajiado, Kitui, Meru and Machakos counties.

In April, the court directed IEBC to develop a programme with constitutional and statutory commissions and political parties that will create policies and measures that will increase the participation of women, youth, persons with disabilities and marginalised groups in political processes.

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