Court quashes attempts by elected MCAs to lock out their nominated counterparts

Nominated members of the county assembly can now breathe a sigh of relief after the High Court suspended amendments introduced by their elected colleagues to deny them a number of rights.

The amendments, which were made through a motion, included provisions that denied the 15 nominated MCAs the rights to vote, introduce motions and bills for debate.

In his ruling in Kisumu, however, Justice Fred Ochieng said the move reduced the nominated MCAs to ceremonial individuals even though the laws that are being passed affected everyone.

“Having given due consideration to the interests of all parties, I find that justice demands that a conservatory order be issued to preserve the applicants’ right to equal treatment as their elected counterparts,” said Ochieng.

The disgruntled

In the suit, the disgruntled MCAs had said the amendments were discriminatory. Among the rights that the MCAs had sought court redress over included being allowed full rights to vote in the assembly.

They had sued the assembly, the service board and the speaker.

Through their lawyer Otiende Amollo, the MCAs said the amendments were unconstitutional and robbed them of their fundamental rights.

“The amendments will deny the nominated MCAs a chance to bring any motion for debate at the assembly,” said Amollo..

Separately, a magistrate’s court yesterday declined to extend a Visa for an Irish national accused of working in the country illegally.

Rory Bracket, who is out on a Sh100,000 bond, has been accused of engaging in pastoral activities while his Visa indicated that he was in the country for holiday.

“The court has no jurisdiction to extend his Visa,” ruled Resident Magistrate Linah Akoth.