Councillors ignore court order, hold elections

By BEATRICE OBWOCHA AND AGNETA OTIENO

Nakuru County

Controversy marred the Nakuru mayoral elections after a faction of councillors went ahead with the exercise despite a court order.

Twelve councillors continued with the election after eight others walked out after receiving the court order obtained by a Nakuru resident.

There was drama at the council chambers where the elections were being held after the faction led by mayor elect Mohammed Suraw closed the doors and engaged private security who vetted those going in to avoid being served with the order.

Regular and Administration Police led by Nakuru OCPD Johnston Ipara were at the municipal council’s compound but did not interfere.

Town Clerk Kaio Mbulusi conducted the mayoral elections and said afterwards that the Nakuru Municipal Council lawyer advised him that he could do so since the order was defective.

Illegality

"The lawyer said there were things missing from the order and asked me to go on with the elections," he said.

He accused Nakuru DC Kangethe Thuku of attempting to interfere with the elections.

"The DC told me that he wanted to discuss security issues on the elections only to walk in with someone who attempted to serve me with the order," he alleged.

He said he was dismayed by the actions of the administrator whom he accused of interference.

But the other faction led by former mayor John Kitilit said they would stay put and will not handover.

Kitilit said the status quo will remain since the court order stopped the elections until the case is heard and determined.

"I was to chair the elections but I had to leave after I saw the order. I did not want to be part of an illegality," said Kitilit who was seeking re-election.

Nakuru lawyer Lawrence Karanja said the order was personally served to the clerk and he risks contempt of court if the status quo is not maintained.

Seeking positions

In the elections, Suraw was elected mayor while councillor Damaris Mbuthia was voted his deputy.

Committee chairmen were read from an already prepared list with the vice slots being given to councillors who walked out.

Councillor Rose Lai was elected the chairperson finance, Charles Maisiba (education), Gibe Kassim (town Planning), William Atinga (audit) and Fanuel Ahim (social services). A resident, Joseph Omondi, who sued the 20 councillors, the Town Clerk and the Nakuru Municipal Council, obtained the order stopping the elections.

The order issued by Principal Magistrate Muniu Njoroge barred the respondents from conducting mayor, deputy mayor or committee chairman elections until the case is heard and determined.

In the suit papers, Omondi feared that some of the people who were seeking positions had pending criminal cases.