Nine Uasin Gishu nominated MCAs have moved to the Court of Appeal to challenge a High Court ruling that removed them from office.
The 9, all nominated by UDA party lost their seats after the High Court upheld a decision by a Magistrate’s court that declared their nomination unconstitutional.
They however insist the High Court erred in agreeing with the magistrates court.
In a letter to the Uasin Gishu County Assembly Clerk, the Independent Electoral and Boundaries Commission and UDA Party, the nominated MCAs said they have already filed a notice of appeal.
Subsequently, it means they will continue serving in their positions pending hearing and determination of their appeal.
“Kindly note that we have duly filed a notice of appeal pursuant to appellate jurisdiction act, the court of appeal (election petition) rules,” read part of the letter signed by Langat G on behalf of Fatah and Company Advocates.
All the 13 UDA nominated MCAs have been sighted as appellants in the case.
However, only 9 say they are dissatisfied with the High Court ruling.
Jurisdiction
The Court ruled that IEBC relied on disputed list when gazetting the nominated MCAs.
But in their petition, the MCAs argue that a Magistrate’s court has no jurisdiction to handle a preelection matter.
“Take notice that 1st, 2nd, 3rd, 6th, 8th, 9th, 10th, 11th and 12th appellants being dissatisfied with the judgement of the honorable justice Stephen Riechi delivered on 1st September 2023 in Election Petition Appeal intends to appeal to this honourable court of appeal against the whole decision as the decision erroneously held that the chief magistrate court had jurisdiction to hear and determine an election dispute which was a preelection dispute,” read part of the notice of appeal.
The nine nominated MCAs that were affected by the ruling are:
- Wachira James
- Tirop Belinda Chebichii
- Waiganjo David Waweru
- Rebecca Cherop
- Hassan Saida Chepkoech
- Aidid Sahra Abdi
- Kebenei Magrina Chebet
- Chelimo Juliet
- Cherono Caroline
IEBC, UDA as well as the Clerk of the Uasin Gishu County Assembly have been listed as respondents.
They also appear alongside Celestine Chephirchir Mutai, Regina Chepkemoi Chumba, and Robert Kiptanui Kering who were party to the High Court case.
The three are persons living with disabilities and would benefit should the courts rule in their favour.
