A High Court in Eldoret will on Friday, September 1, 2023, issue a ruling in regards to a case in which 11 nominated Uasin Gishu MCAs are challenging a lower court declaration that their nomination was unconstitutional.
Eldoret Chief Magistrate Dennis Mikoyan in March 2023 ruled that IEBC relied on a wrong list of nominated MCAs submitted by the UDA Party.
Mikoyan in his ruling noted that the only valid list of nominated MCAs by UDA was the one presented to IEBC on July 27, 2022, and not the list presented on August 24, 2022.
He also faulted IEBC for using a contested list to gazette nominated MCAs, even after it was advised against by the Political Parties Tribunal.
But following the ruling, the 11 nominated MCAs moved to the High Court to challenge the decision.
Hearing for the case has been ongoing for the last few months.
A ruling was to be issued on Thursday, August 31, 2023. However, the court notified parties in the case that the ruling date had been moved to Friday, 3.00 p.m.
Persons with disabilities
An earlier decision to nullify the nomination had been seen as benefiting persons living with disabilities who argue that they were sidelined in the process.
There are no persons with disabilities among the 14 nominated Uasin Gishu MCAs.
Of the total slots available for nomination, the UDA party got the majority (11) with the Jubilee party getting two.
The High Court’s decision on the matter might finally settle the issue.
However, should any of the parties involved not be satisfied with what the court will rule on Friday, they have an option of moving to the Court of Appeal.
