12 MCAs win case over seats

The Court of Appeal in Kisumu has dismissed an election petition challenging the nomination of 12 female MCAs by the Orange Democratic Movement Party.

Justice Hannah Okwengu, who read the ruling on behalf of colleague appellate judges, said they had unanimously resolved to strike out the case with costs.

Okwengu ruled that court papers filed by the petitioners lacked a strong legal supporting affidavit to warrant further determination by the Court of Appeal.

She said the case could not stand since it failed to observe the mandatory terms provided by Rule 8 of the Election Petition Rules.

Justice Okwengu argued the Court of Appeal did not have express provisions in law to hear such an election appeal arising from the county assemblies.

“The Court of Appeal sat and reviewed the application to quash the nomination of the MCAs, but we lacked supporting clause in the law to base our judgement,” said Okwengu.

Bonafide members

“We cannot reinvent the wheel,” she asserted.

The 12 nominated MCAs, she ruled, had proved by support of affidavit adduced before court that they were bona fide members of the party and therefore merited nomination.

The nominations of 12 MCAs were revoked by a magistrate’s court last year. 

The magistrate had ruled that the party did not observe the two-third gender rule in picking members.

The MCAs include Rose Liguse, Carolyne Okere, Elizabeth Talla, Rose Aoro, Mary Odiga, Ruth Onyango, Clarice Oyoo and Grace Odhiambo,.

Others are Florence Oile, Jacky Gard, Atieno Makabongo and Doreen Dande.

The MCAS broke into song and dance outside the courts immediately after the ruling.

“We have been shuttling from one court to the other and travelling each month. Finally the verdict is clear. Let’s now go and serve the people,” said Liguse. [Kepher Otieno]