Court to decide fate of 13 TNA nominated MCAs

Murang’a County Assembly Leader Peter Kihungi [Photo: Boniface Gikandi/Standard]

Nyeri,Kenya: The battle for 13 slots of nominated members of the Nyeri County Assembly allocated to The National Alliance (TNA) has moved to the Nyeri High Court.

This comes after three TNA nominated MCAs appealed a chief magistrate court’s judgement that sent them and 10 others home citing the party’s faulty nomination process.

Justice James Wakiaga of the Nyeri High Court certified the appeal as urgent and set its hearing for June 20 this year.

In the appeal, the three faulted the judgement by Chief Magistrate Wilbroda Juma in which she nullified the party’s list of nominated MCAs citing the party’s failure to adhere to directives of a Nairobi court which annulled the original list.

The three – Mary Wairimu, Joseph Kanyi, Regina Wanjiru – want the court to issue an order restraining the Independent Electoral and Boundaries Commission (IEBC) from de-gazetting the slots.

They also want TNA barred from undertaking fresh nominations pending the hearing and determination of the appeal.

Regional balance

Last year, TNA was embroiled in similar wrangles over the nominated MCAs slots in Nyeri after a court of appeal sitting in Nairobi annulled the original list.

In their judgment dated November 8, 2013, appellate judges David Maraga, John Mwera and Jamila Mohamed ordered TNA to undertake fresh nomination, citing lack of regional balance in the original list.

But days after undertaking the second nomination, four former MCAs axed from the original list moved to the chief magistrate court and filed a fresh suit.

They claimed the list violated directives of the appellate judges – as no advertisement was undertaken prior to the recruitment process – and that they were deliberately axed to create space for new entrants.

In her judgement, Ms Juma said TNA ought to have advertised all the 13 slots before undertaking the second nomination process.

But the appellants claim they face the risk of losing their seats, positions and privileges if a stay to Ms Juma’s judgment is not granted.

Meanwhile, Members of county assembly in Murang’a have angrily reacted to claims they have personal body guards and drivers hired by the County Public Service Board.

Incite public

Led by their Speaker Nduati Kariuki, the 50 MCA dismissed claims by the Transition Authority (TA) Chairman Kinuthia Wamwangi as “a move to incite the public.”

The staff hired to assist the MCAs carry out their duties include typists ward managers and guards.

The speaker said each ward office is manned by a guard to ensure safety of properties in the offices.

“The officers at the ward level do not serve the MCAs but the general public in need of services,” said Nduati.

Assembly Majority Leader Peter Kihungi said none of the MCA have personal secretaries and personal assistants as indicated by the TA chairman.

 The MCAs, Kihungi said, do not have offices at the county headquarters and previously they had to meet their electorate in bars and their homes. “The County Assembly Service Board has authorised an small expenditure to enable the MCAs small offices in their respective wards,” he said in a press statement.