High Court Upholds Michelle Kemuma’s nomination as Nyamira MCA
The High court has cancelled Dolphibe Nyang’ara’s nomination as a Member of County Assembly (MCA) in Nyamira.
Ms Nyang’ara was nominated in Nyamira on a Jubilee party ticket but that has been revoked by Justice Lucy Mwihaki Njuguna and replaced by city lawyer Mitchell Kemuma.
In her ruling, Justice Njuguna said Nyang’ara was illegally appointed by the party chairman while Ms Kemuma was validly nominated by Secretary General Jeremiah Kioni.
“After analyzing all the evidence tendered before the magistrates court and the poltical parties dispute tribunal, l have established Mitchell Kemuma was the validly nominated MCA to represent the Jubilee Party,”ruled Justice Njuguna.
Ms Kemuma through lawyer Ndubi Mokua had opposed the nomination of Ms Nyang’ara saying she was not eligible for nomination in Nyamira since she is not a voter in Nyamira county but a registered voter in Kiambu within Mount Kenya region.
Justice Njuguna said the electoral commission failed in recogonizing the list submitted by the chairman instead of the one submitted by Mr Kioni the partys SG.
Justice Njuguna said both appeals and the application arising from the decision of the magistrate court sitting in Nyamira lacks merit.
The judge said in her judgment that the Independent Electoral and Boundaries Commission (IEBC) dispute tribunal had properly nominated Michelle Kemuma and validly nominated by the Jubilee party.
Lawyers representing Kemuma Ndubi Mokua and Omayio Aranga challenged the nomination of Ms Nyangara arguing she has been illegally withdrawing salaries from Nyamira County when she knew that her nomination was in question.
Justice Njuguna heard Ms Nyang’ara has drawn salaries for 9 months.
The judge directed that a certified copy of judgment, the decree and the proceedings be supplied to the IEBC so as to ratify the nomination of Ms Kemuna.
The judgement will also be supplied to the Jubilee Party and the speaker of the Nyamira County Assembly.