NAIROBI, Kenya, May 4 – The Independent Electoral and Boundaries Commission (IEBC) has resolved 600 disputes concerning list of party nominees to county assemblies.
Most of the complaints focused on the criteria used in nominating the candidates and that there was little regard for community, cultural and gender balance.
IEBC County Assemblies Nomination Disputes Resolution Committee Chairman Thomas Letangule said on Saturday that the complaints pertaining to party nominations through nepotism and bias were struck out as they had no basis.
“We have also considered complaints related to nepotism and bias but in this committee’s decision, we found that there is no legal basis to remove persons appointed on that basis because we could not establish the truth of those assertions and we could not establish their truths with accuracy,” he stated.
He further pointed out that the complaints of those individuals whose names did not appear in their respective party lists were also struck out.
“So whereas we felt that a complainant had made a genuine complaint, it is not IEBC which nominates and individual, it is the political party. You must appreciate that position. The list must come from the party. Our role is to allocate and if then you have made a genuine complaint but we cannot trace your name in any list that we find it a challenge to address it,” he stated.
Each of the committee members then proceeded to read the ruling from each of the 47 counties countrywide.
“In Nairobi, in the gender top up list, some hard decisions had to be made because a number of people were nominated to TNA but came from URP. Millicent Nyaboke has been replaced with Agnes Nyokabi Waithaka,” stated Commissioner Muthoni Wangai.
“In Mombasa, all the seats went to ODM. There were quite a number of complaints brought up by the branch. We looked at them and considered only those that we had hard facts. In the marginalised list, there was not person of disability that was included. The law says that one has to have a person of disability in the list,” read Commissioner Yusuf Nzibo.
“Therefore, nominee number four Amina Suba was replaced by Hardsone Karume who was the proposed nominee number six in the ODM list as a person with disability,” he stated.
“In Makueni, in the marginalised list, the name of Gideon Mwango who is a visually impaired person replaces that of Agnes Kathia Wambua of Wiper. Agnes is neither a youth nor a person with disability and so her name was removed. Because of that change, the next person is supposed to be a female and that necessitates the removal of James Mulwa who is replaced by Scholastica Muiri,” stated Commissioner Mohamed Alawi.
The comprehensive list is set to be published in the IEBC website by Monday next week and is also expected to be gazetted before Friday.
The High Court stopped the IEBC from gazetting a list of party nominees to various county assembly seats in March after the National Gender and Equity Commission raised issue with the court over the composition of the nominees.
The gender commissions noted that the nominations to the county assembly were reserved for women, the disabled, marginalised groups, minority groups and other special groups.
The gender commission said that the political parties had instead nominated their cronies in contravention of the constitution.
Following the ruling, nominees who have been cleared are expected to officially assume their seats in the county assemblies.