The Star (Nairobi)

7 June 2014

Kenya: Nyeri Court Cancels List of TNA Nominated Reps

THE Nyeri list of TNA nominated county assembly members has been nullified. Chief magistrate Wilbroda Juma on Thursday said the list violated a court ruling delivered by the Court of Appeal late last year. She ordered the party to do a fresh nomination.

More than 12 Nyeri women MCAs will be affected by this decision, before the final list is gazetted. Juma said TNA, which never advertised the slots, disobeyed the directive of appellate judges David Maraga, John Mwera and Jamila Mohamed who on November 8, 2013 nullified TNA's original list.

She said the Independent Electoral and Boundaries Commission "blindly" certified a faulty list. "The court is satisfied that the petitioners have proved they lost in a contest that was not there. The field should have been free to all and that advertisement was highly crucial," Juma said.

The petition was filed by former TNA MCAs Naomi Wangechi, Hannah Warukira, Ann Nyambura and Leah Mumbi who said they were shortchanged in the nomination process.

However, TNA secretary general Onyango Oloo said the party was under pressure to deliver the final list within a short time. He said such a process normally takes the party up to three months.

Oloo said the court directive and the pressure to end litigation may have caused the "minor errors." But Juma ruled that: "Litigation must come to an end but not at the cost of state officers doing things through short cuts."

The Court of Appeal had directed TNA to give IEBC a list of nominees in 15 days. The list was to be gazetted in another seven days. Juma said this meant a fresh nomination whose dictates the party never adhered to, while IEBC sidestepped its strict oversight role.

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