A Nyeri court has upheld the posts of 12 Jubilee nominated MCAs.
It dismissed, with costs, the petition challenging the nomination. Chief magistrate Wendy Kagendo yesterday said the 12 were validly nominated.
The court nullified the election of MCA Millicent Cherotich nominated to represent the ethnic minorities.
Kagendo said the seat should be replaced to represent vulnerable or marginalised groups.
The magistrate said petitioner Margaret Nyathogora did notgive compelling evidence.
Nyathogora and six others said the nomination was marred by nepotism, favouritism and sycophancy.
Some of the nominees did not apply for the posts while others who applied are from outside Nyeri county.
The Independent Electoral and Boundaries Commission was named as the first respondent, Jubilee Party as the second respondent and the 13 nominated MCAs as the third respondent.
Lawyer Richard Kamotho, representing the MCAs, said the allegations could not be proven and the case should be dismissed.
Kagendo said Nyathogora proved to be a hostile witness.
“There was no basis of the grounds raised in court by the witness. Nyathogora was not a credible witness as she demonstrated hostility,” the magistrate said.
Kagendo directed both Jubilee and the IEBC to ensure Cherotich is replaced with an individual who will represent people living with disability.
In July last year, a group of women from Nyeri protested against the inclusion of outsiders in the Jubilee county assembly nomination list.
They said some of the 45 nominees are from Laikipia, Kiambu, Nairobi and Nyandarua counties.
“Others are non-Jubilee members. Other applicants nominated in different categories, while some never applied but are in the shortlisted list,” the women said in the statement read by Grace Michuki.
“Some civil servants who are still in office but are actively participating in politics, including nurses, teachers and a secondary school principal, are also in the list.”
Michuki and Nyathogora said the wife of the Nyeri branch secretary, who is also the personal assistant of an independent governor candidate, were nominated.
Bloggers, musicians and teachers were among nominees for the Nyeri county assembly.
The name of a journalist was also gazetted in the IEBC’s list released.
A woman, who is a member of the Warembo na Uhuru lobby group, a nursing student and a tea director were also in the list.
About 40 people were nominated, but the number was to be slashed because only 16 were needed.
The assembly has 30 elected MCAs. Smaller parties also expected slots if they won ward seats.