Ilchamus back in court to stop
Story by CAROLINE RWENJI
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.
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
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
“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
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
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
She directed that the matter be mentioned on Thursday before the
duty judge who will give further directions on the issue.