News 2008


Ilchamus back in court to stop nominations

Daily Nation


13. Feb. 2008

The Ilchamus Community has moved to court in yet another bid to stop the nomination of 12 MPs.

They want the court to issue orders quashing any nominations that may have been submitted to the President by the Electoral Commission of Kenya.

They further want the ECK and the Government Printer stopped from publishing any appointments of nominated MPs until the specifications for the special interest and gender groups are looked into by the Commission.

Statutory duties

A similar application by the community was struck out last month by Mr Justice Joseph Nyamu and Mr Justice Mathew Anyara Emukule after they found it incompetent.

In an affidavit filed in Tuesday’s suit, Mr Thomas Letangule accused the ECK of failing to perform its constitutional and statutory duties.

He further stated that the ECK has violated the provisions of section 33 of the Constitution by refusing to vet the nominations according to requirements.

The group bases its claim on a July 17, 2007, Constitutional Court ruling which said they should be considered as a special interest group.

“The rights of the community to be nominated to the national assembly have been denied by the conduct of the ECK,” they averred.

The court had, in a previous ruling, made a declaration that the ECK is constitutionally empowered to vet the party nominations to ensure compliance with the special interests criterion and gender equality before forwarding the names for appointment by the President.

Meanwhile, another court Tuesday threatened to strike out a case filed by the Orange Democratic Movement of Kenya party officials.

The ODM-K officials have moved to court in a bid to block Vice-President Kalonzo Musyoka from nominating MPs to the Tenth Parliament.

ODM-K’s Dr Julia Ojiambo and Daniel Maanzo said the VP acted illegally in nominating Mrs Shakila Mohammed and Mr Mohammed Affey.

However, Justice Roselyne Wendoh said that the case was a civil matter and should not be heard before a constitutional court.

She opted to have the matter either struck out or referred to a civil court.

She directed that the matter be mentioned on Thursday before the duty judge who will give further directions on the issue.