Kenya Kwanza, Azimio flex muscles in county assemblies Speakers race

Nyandarua County assembly sergeant at arms lays a new mace after it was unveiled in 2019. [File, Standard] The race for county assemblies Speaker position is gaining momentum across the country. Political parties have shifted their focus to the powerful post after the bruising General Election, in a bid to have candidates of their choice elected. The Speaker's position is crucial in the 47 county assemblies and is protected by the Constitution. Article 182 (4) provides that if a vacancy occurs in the office of the county governor and that of the deputy county governor, or if the deputy governor is unable to act, the Speaker of the county assembly shall act as the governor. In the Mount Kenya region, United Democratic Alliance (UDA) insiders are front runners in the clamour for the powerful seat. With the party likely to take the Majority Leader position in most of the county assemblies across the region, their numbers are almost sure to determine the Speaker. In Murang'a county, Stephen Macharia and former high school principal Newton Mwangi are the front runners in the Speaker race. Macharia lost in the UDA nominations for Mathioya parliamentary seat Mwangi was chairman of the campaign team of Governor-elect Irungu Kang'ata. Allies of the outgoing Speaker Nduati Kariuki said he was not interested in another term. In Tharaka Nithi, three candidates have declared interest in the Speaker position. Journalist Alex Njeru will face off with advocate Peter Kaimba and the first Speaker of the assembly John Mbaabu. Governor Muthomi Njuki is said to have influence on who is picked as the next Speaker of the Assembly that sits at Kathwana. In Kirinyaga, those in the race are James Mutugi, the outgoing CEC Education and former Wamumu MCA Baptista Kanga who lost in the August 9 elections. The UDA won in 17 out of 20 wards in the area. In Nyeri, outgoing Tetu MP James Gichuhi is seen as a front runner as per the UDA agreement after he lost in the primaries. UDA won 25 of the 30 ward seats. Former MPs are among contenders for the Speaker's seat in the North Rift region. Lobbying for the position has intensified ahead of the swearing-in of governors on Thursday. In Trans Nzoia, former Cherangany MP Wesley Korir is on the front line under UDA and seeks to take advantage of the alliance's majority in the assembly. Former Speakers Joshua Werunga and David Sifuna are also in the race. Sifuna served between 2013 and 2017 before Werunga succeeded him. Werunga was unsuccessful in his Trans Nzoia senatorial bid in the August 9 polls that saw Allan Chesang, a Nairobi businessman win on UDA ticket. Mr Korir who had contested for Cherangany parliamentary seat lost narrowly to Patrick Simiyu. Former Majority leader at the assembly Joseph Njoroge and former Trans-Nzoia Finance executive Andrew Wanyonyi are also in the Speaker race under UDA. It will be interesting to watch how Korir will perform in the race owing to the fact that UDA with 12 MCAs has the biggest say at the assembly. In Nandi, five candidates have shown interest to succeed Speaker Joshua Kiptoo. They are outgoing Chesumei MP Wilson Kogo, County Assemblies Forum (CAF) Secretary General Kipkirui Chepkwony and youthful lawyers Cheruiyot Mely, Kibet Kisorio and Patrick Kitur. In Western, former county assembly speakers are seeking to make a comeback. Outgoing Kakamega county assembly Speaker Morris Buluma is seeking to defend the seat. "I was in Matungu MP race but things did not go as I had expected, I need to be in touch with the MCAs elect to enable me familiarise with the new faces," said Mr Buluma. "I have not interacted with the newly elected MCAs but given the fact that we shall be having a new governor in office, we may need experienced person to take over the position," he told The Standard yesterday on phone. Brian Lishenga who lost to Kakamega Senator-elect Dr Boni Khalwale in the just concluded elections could be the preferred Azimio candidate for the Speaker's post in Kakamega. "I will need at least two thirds of the MCAs to be able to win in first round, I have friends among the newcomers in the county assembly and even among the old brigade," Dr Lishenga said. He has vowed to reach out to Kenya Kwanza MCAs in order to get the requisite 56 MCAs to guarantee victory in the first round. Azimio won 48 MCA seats out of the possible 60 with ANC bagging the remaining 12. At least 20 more MCAs will be nominated. Former deputy speaker Leonard Kasaya who was sent packing by voters has also expressed interest in the seat. In Vihiga, lobbying for the Speaker post has intensified. Insiders in Azimio intimated that Castro Lubanga and Winnie Majani could be fronted for the seat. Mr Lubanga contested for Hamisi parliamentary seat on ODM ticket but lost to the incumbent MP Charles Gimose of ANC while Majani also of ODM was floored by Beatrice Adagala of ANC in the Woman Representative race. Other names fronted are that of Hillary Adolwa and outgoing Speaker Hasna Mudeizi. However chances of Mudeizi retaining the seat are slim as the Azimio has majority MCAs. She was elected by the majority ANC MCAs in 2017. ANC party has however since lost the majority stake it enjoyed in the second assembly after ODM scooped 10 seats out of the 25 seats. In total Azimio affiliate parties have at least 12 members while Kenya Kwanza Alliance has nine seats, seven which came from ANC party. The remaining four, three are independent and one for PPOK but they are yet to declare how they will vote. Elsewhere, the High Court has bared public officers who did not resign from their positions six months before the General Election from contesting for Speaker's seat in county assemblies. Justice Hedwig Ongudi in her judgment delivered on Thursday last week in Nairobi, said Section 43(5) of the Election Act applies equally to public officers seeking to be elected as Speaker of the county assembly, the National Assembly, and the Senate. "The disqualification of the Speaker of a County Assembly is similar to the disqualification of Speaker of the National Assembly and Senate as stipulated under Article 106(I)(a)," she said. Justice Ongudi argued that had there been a need for distinction in the respect of the Speaker of the county assembly the County Government Act would have done it. "There is nothing that has been placed before this court to make it treat the election of the Speaker of the County Assembly in a different manner from that of the National Assembly and Senate speakers," she said. Justice Ongudi added that the qualification is already set out in the constitution and the statutes and can only be interfered with through an amendment. She argued that the election process and its governing legislation is a continuous related process with all parts intertwined as captured by the Election Act. "This court cannot, therefore, purport to divorce the process and the law. This is because the governing body is the constitution which desired a uniform system in the conduct of elections in Kenya," said Justice Ongudi. The Judge delivered the judgment in Election Petition No 317 of 2022 filed by Phillip Langat. The petitioner had sought the court's orders declaring section 43(5)of the Election Act, 2021 unconstitutional only to the extent that it should apply to a public office seeking the position of a county assembly speaker as its discriminatory and unreasonable and thus violates the constitutional rights under Article 27 and 38(c)of the constitution. Mr Langat also wanted the court to declare the provision of the Election Act concerning the election for a Speaker of the county assembly unconstitutional and unlawful as the six months resignation period before the election of a County speaker is not reasonable. He had sought a permanent injunction restraining the respondent in the case, the Independent Electoral and Boundaries Commission from stopping or barring any public officer from contesting for Speaker of the county assembly for not resigning from public office six months before the election. The Attorney General, the National Assembly, the Senate, the County Assemblies Forum, and Victor Kipngeno Tum were listed as interested parties in the case. - Reports by Boniface Gikandi, Osinde Obare, Brian Kisanji, Jane Mugambi, Jackline Inyanji, Edward Kosut and Nikko Tanui

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