Court Revokes Nomination Of 9 UDA MCAs, Issues Orders To IEBC
Justice Nyakundi ordered that the Independent, Electoral and Boundaries Commission (IEBC) degazette the names of the affected MCAs within 14 days
Marvin Chege 
The Court of Appeal on Wednesday, January 24 revoked the nomination of nine Members of the County Assembly (MCA) from Uasin Gishu County who were nominated by the United Democratic Alliance (UDA).
Delivering the ruling, Justice Reuben Nyakundi agreed with an earlier High Court decision by Justice Stephen Riech and the lower court’s ruling made by Chief Magistrate Dennis Mikoyan to that effect, the third blow in succession that the MCAs have received.
As a result, Justice Nyakundi ordered that the Independent, Electoral and Boundaries Commission (IEBC) degazette the names of the affected MCAs within 14 days and gazette the approved list within the same period.
Photo of Uasin Gishu County Assembly. /FILE
"The names of the nine affected persons as Members of the Uasin Gishu County Assembly under the special category and the gender top-up list are deleted," Judge Nyakundi ruled.
The nine MCAs included James Wachira, Belinda Chebichi, David Waiganjo, Roda Kemboi, Nancy Kiboi, Hassan Chepkoech and Sahra Abdi
Others included Magrinah Chebet, and Juliet Chelimo, who will cease to hold office immediately after the judgement.
Those whose names the court has directed the polls agency to gazette under the gender top-up list are Caroline Jeptanui, Cherono Caroline, Tirop Everline and Serem Naomi
Also included are Ngetich Pamela, Sharon Jewel Kogo, Burgei Veronica, Celestine Mutai and Rebecca Jerop.
Others who are set to be gazetted under the special category are Kiplagat Gerald, Wambui Tabitha, Kering Robert Kiptanui and Regina Chumba.
The court order means that, among the Nominated MCAs who lost their jobs, six had been irregularly shortlisted in the gender top-up list and three others in the special category.
Justice Nyakundi directed that upon gazettement of the genuine list of MCAs, the Uasin Gishu County Assembly should promptly conduct a swearing-in in its immediate next sitting.
The court also cautioned IEBC that should it fail to gazette the approved names of the nominated MCAs within the 14 days, the Speaker of the County Assembly should then declare the positions of the Nominated MCAs as vacant.
It further directed that the persons whose names have been revoked will no longer be accorded the status, rights, privileges and any other entitlement as Members of the County Assembly of Uasin Gishu.
The MCAs had moved to the Court of Appeal in September 2023, after the High Court dismissed their appeal and upheld a lower court's ruling that concluded they had been invalidly nominated.
Chief Magistrate Dennis Mikoyan had on March 2023 revoked their nominations stating that UDA relied on a list that had been declared null and void by the Political Parties Tribunal.
UDA party was yet to officially announce if it will contest the Appellate Court's ruling at the Supreme Court of Kenya.
