Politicians Continue to Lose Their Seats in Eldoret

It was a double blow for 11 out of the 13 United Democratic Alliance
party Nominated MCAs after the High Court in Eldoret upheld the ruling
of the law court which nullified their nomination.

In a twenty minute judgment delivered by Justice Stephen Riech
virtually, he declared the list of the MCAs that had been gazetted by
the Independent and Electoral Boundary Commission as illegal.

The electoral body, Justice Riech argued, erred by going ahead to
gazette names of the affected MCAs despite being rejected by the
political parties Tribunal.

Justice Riech was making a judgment on an appeal lodged by the MCAs
challenging a ruling by a Magistrate’s court in Eldoret on March 15,
2023.

While revoking the nomination of the MCAs Justice Riech observed that
the ruling by the lower court was in order.

“The only genuine list of the nominated MCAs was the one dated July
27, 2022 and not the one filed by UDA on August 24, 2022,” ruled the
Judge.

He further stated that he did not find fault in the ruling by Eldoret
Chief Magistrate Dennis Mikoyani’ who nullified the list of the MCAs
on the ground that they had been gazetted illegally.

“The UDA did not have powers to revise, amend or review the party list
once it was closed on July 27, 2022,” ruled Justice Riech.

He also ruled that the electoral body did not have powers to revise
closed party lists, noting that the only list the IEBC could draw
gender top up for marginalized MCAs for Uasin Gishu County Assembly
was the one published on July 27, 2022.

According to the Judge, the only genuine list of nominated MCAs was
the one published on July 27 and posted by the ruling party website.

He directed that the entire appeal be dismissed as he ordered the
electoral body and UDA party to bear the cost of the suit by sharing
it equally among the two parties as respondents.

“Upon considering the appeal, I find the appeal has no merit and is
hereby dismissed,” ruled the Judge.

The Defendants have a room to appeal to the court of appeal and
may continue enjoying the privileges and salaries attach to the
office if they will manage to acquire stay orders from the appellate court.