Meru High Court stops swearing-in of four nominated MCAs

Meru High Court Judge Edward Muriithi has stopped the swearing-in of four nominated Members of the County Assembly sighting lack of disability representation.

“A conservatory order is hereby issued prohibiting and restraining the clerk of the county assembly from preceding over the swearing-in of the published marginalised persons,” said Justice Muriithi.

Mr Salesio Thuranira, a human rights activist, had filed a constitutional petition against the Independent Electoral and Boundaries Commission (IEBC), seeking to have nominations to the Meru County Assembly under the marginalised group category quashed.

Mr Thuranira argued that people with disabilities had been left out and the youth are over-represented in the assembly.

“The declaration of persons elected as MCAs of Meru County by the respondent contains a good number of youthful elected persons hence this group has good representation and does not warrant more top up through nomination of marginalised persons,” he states.

In his ruling, Justice Muriithi agreed with the petitions saying the gazette notice did not include at least two persons with disabilities in the nominee list.

The court barred the swearing-in of Benson Kiriinya, Catherine Kamathi, Kenneth Maingi, and Edith Make all who were nominated by the Devolution Empowerment Party (DEP), United Democratic Alliance (UDA), Jubilee and the Party of National Unity (PNU), respectively. They were nominated to represent the youth and marginalised groups.

The court did not stop the swearing-in of the other unchallenged MCAs that started this morning.

Yesterday, Assembly Clerk Jacob Kirari revealed that 69 MCAs—45 elected and 24 nominated—will make up the third Assembly.

The assembly is regarded to have recorded one of the highest numbers of youthful members with most of those who were inducted on Monday, September 19, being under 35 years.

Only one of the 45 elected MCAs, who represents the Kirua-Nari ward, is a woman. The number of elected female MCAs has decreased from two in the second Assembly and five in the first Assembly.

Two of the 24 MCAs up for nomination will represent youth, and the other two will represent marginalized and special interests. 20 additional MCAs have been proposed to bridge the gender disparity.

Nine MCAs who served in the second Assembly have been re-elected, and eight others have been nominated for a third or second term.

The case will be heard on Friday, September 26th for further determinations.

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