Chief Justice appoints judges in case to save MCAs' jobs

Chief Justice Martha Koome has appointed three judges to hear a case seeking to prevent MCAs from losing their seats when they resign from their political parties.

CJ Koome appointed Justice Joel Ngugi (presiding), Justice Hillary Chemitei and Justice Teresia Matheka in the petition filed by Kabazi Ward MCA Peter Mbae.

Koome made the appointment as per Article 165(4) of the Constitution, because the case raises substantial questions of law and must be heard by an uneven number of at least three judges.

The judges will sit at Nakuru High Court today.

Mbae moved to court to save MCAs from losing their seats once they resigned from their sponsoring political parties as provided for in the Elections Act.

The MCA wants MCAs who resigned ahead of the August 9, 2022 elections to retain their seats until the Election Day.

Lack of representation

He submits that it would be impossible to refill vacancies when such members resign and it will cause people in affected areas to suffer over lack of representation for the remainder of the term. 

In extreme cases, Mbae submits that it may cause the inability of the respective houses to conduct critical business such as passage of budgets.