Court of Appeal orders IEBC's Issack Hassan to gazette name of URP nominee

The electoral commission's chairman, Issack Hassan, has been ordered to gazette the name of a member of the Bungoma County Assembly who has been out in the cold since March last year.

The Court of Appeal in Nairobi ordered the Independent Electoral and Boundaries Commission (IEBC) boss to revoke the nomination of United Republican Party (URP) nominee Irine Chesang and gazette Jane Cheperenger's nomination.

The court gave the order after being informed that the Bungoma County Speaker had declined to swear in Ms Cheperenger, even after she won a court battle for the nomination. Cheperenger from Elgon ward in Mt Elgon constituency first challenged Ms Chesang's nomination before an IEBC committee set up to hear nomination disputes.

Cheperenger contested Chesang's inclusion on the gender top up list submitted by URP but lost the case. She filed a petition at the High Court in Bungoma, arguing that Chesang was not a party member and that URP had disowned her.

Cheperenger lost the case in July last year but in January this year, the Court of Appeal overturned the decision and ordered that she be gazetted as the legitimate nominee.

Judges Roselyne Nambuye, Philomena Mwilu and William Ouko yesterday ordered Mr Hassan to publish a fresh gazette notice indicating that Chesang's  nomination had been revoked and that Cheperenger had been nominated.

"Ensure this is done so she can have her day in the assembly," said Mr Ouko.

The case will be mentioned in December to confirm whether IEBC has complied.