Court bars Ligale team from publishing list

Business

By JUDY OGUTU, ALEX NDEGWA and JAMES MUNYEKI

The Interim Independent Boundaries Review Commission (IIBRC) has been stopped from gazetting the new constituencies.

This follows an application by 11 MPs filed at the High Court in Nairobi under a certificate of urgency.

High Court Judge Jeanne Gacheche stopped IIBRC from publicly declaring any report or recommendation or publicly determining the parliamentary constituency boundaries of either old or new constituencies.

The MPs are in court on grounds that the commission hastily, and with disregard of criteria threatened to publish the new constituencies.

The applicants in the suit are Ephraim Maina (Mathira), Johnston Muthama (Kangundo), William Kabogo (Juja), David Musila (Mwingi South), Peter Kenneth (Gatanga) and Njoroge Baiya (Githunguri), Cecily Mbarire (Runyenjes), Ferdinand Waititu (Embakasi), Simon Mbugua (Kamukunji) and H Gaichuhie (Subukia).

They argued that the boundaries commission has usurped the powers of delimitation and publication of boundaries of constituencies and wards under the Constitution.

They say IIBRC did not have any powers to publish the new constituencies, arguing such powers lie with IIBRC’s successor — Independent Electoral and Boundaries Commission (IEBC).

"As the term of the 1st respondent (IIBRC) will expire on November 27, 2010, any attempt to usurp the constitutional function of the IEBC is both impractical and perilous," it was argued.

Meanwhile, two MPs have told colleagues plotting censure motions against Internal Security Minister George Saitoti and Head of Civil Service Francis Muthaura they would be countered with equal force.

Makueni MP Peter Kiilu and his nominated colleague Mohammed Affey said it was reckless to crucify the two over the controversy clouding the distribution of 80 new constituencies.

"If they bring that censure Motion in Parliament we will confront it with equal force," said Affey.

"The report by the Interim Independent Boundaries Review Commission should not be published because it is flawed and discriminatory," he added.

Chepalungu MP Isaac Ruto intends to rally MPs to censure Saitoti, Muthaura and the Government Printer Andrew Rukaria over the failure to gazette the disputed report.

Bahari MP Benedict Gunda also wants Parliament to discuss the conduct of High Court Judge Lady Justice Jeanne Gacheche, who issued the order stopping the publication.

At the same time, to assistant minister and an MP have defended the Andrew Ligale team.

Environment Assistant Minister Margaret Kamar, her Education counterpart Calistus Mwatela and Ol Kalou MP Erastus Mureithi said that the team worked under the law and should not be criticised.

Although they said the work was not perfect, the legislators noted that it was the best that the Ligale-led commission would have done, bearing in mind the population and vastness of some regions.

Speaking during the launch of a tree planting exercise in Nyandarua High School, the three warned that the issue should not be politicised.

Business
Premium Ruto's food security hopes facing storm amid fake fertiliser scam
Real Estate
Premium Affordable housing: Will State's data-backed action now pay off?
Business
Premium Nairobi business community plans protest as over 700 containers held at port
By Peter Muiruri 26 mins ago
Real Estate
Premium Building to the skies, but at what cost?