NAIROBI August 14 – The row over revocation of nominated councillors seemed far from over on Thursday, after yet another former civic leader moved to court seeking to block the swearing in of new councillors in his area.
Gabriel Rwigi Nthigai from the Municipal Council of Chuka petitioned the court to quash the August 5 gazette notice in which a new list of nominated councillors was published.
He wanted the court to effectively order his reinstatement as a councillor, claiming that he was not afforded any chance to be heard before his due nomination was cancelled.
“The applicant (Nthigai) was not given notice in writing by the Minister for Local Government of his (the minister’s) intention to revoke nomination of the applicant as a councillor of the Municipal Council of Chuka as provided by the law,” the court papers read.
Nthigai claimed that Local Government Minister Musalia Mudavadi acted in excess of his power in revoking the nomination and appointing Justin M’Mugambi Nkambi in his place.
He argued that the Minister gave an undertaking that he would not revoke nominations of committee chairmen, yet his was name was struck out despite his position as chairman of the Audit Committee at Chuka Municipal Council.
“The decision and gazette notice by the first respondent dated August 5, was actuated by improper motives, is devoid of reasons and based on irrelevant considerations,” he averred.
Justice Roselyne Nambuye certified his application as urgent and directed him to file and serve a substantive application to all parties within 21 days. The case will be heard on August 18.
On Wednesday the High Court allowed four other councillors Yasser Sheikh of Mombasa, Nancy Tamooh from Narok, Nashee Mohammed of Mariakani and Amos Kiboi from Embu, who claimed that their revocations were unconstitutional and contravened ministerial authority.
Their case is set for hearing this Friday.
So far, ten people have filed complaints against the revocations that saw 57 names axed from the nominated councillors.