BY SAM ALFAN.
The list of nominees elected to the East Africa Legislative Assembly (EALA) is facing a legal hurdle after an activist moved to court over the election of two Mombasa politicians to the regional court.
The activist moved wants the High Court to temporarily block the clerks of National Assembly and the senate from forwarding the list of EALA representatives as voted by Parliament on November 17 as obtained on the gazette notice to the speaker of EALA.
Kau Quentin Mengo says the list should be stopped pending the determination of the case.
“The election having been conducted and concluded, the Speaker of the National Assembly and the Senate are enjoined to forward the elected representatives to the assembly and unless this court certify the instant application agent and issues conservatory orders against the two houses from forwarding the flawed list of representatives elected, the duo shall proceed to forward the same and subsequent swearing in conducted this rendering the petition filed here with nugatory,” said the Mengo.
Through lawyer Danstan Omari, Mengo wants the court to restrain the clerks from forwarding the names two EALA as voted by Kenya Kwanza and Azimio la Umoja coalition members.
Kenya Kwanza members include, former nominated MP David Sankok, Hassan Omar, who lost the Mombasa gubernatorial on an UDA ticket, Rebecca Merikeju, Zipporah Kareng, Fredrick Muteti and Falhadha Iman
Azimio la moja members include veteran opposition leader Raila Odinga’s daughter Winnie Odinga, Suleiman Shabal, who also lost the Mombasa gubernatorial ticket to Abdulswamad Nassir, Timothy Bosire, Kennedy Kalonzo (son to former vice president Kalonzo Musyoka) and former Kieni MP Kanini Kega.
The petitioner says Mombasa and Nairobi counties have more than one nominee at the expense of other nominees who garnered many votes from other counties.
He says the list failed to meet the national values and principles set out under the constitution.
According to Mengo, under the East African community Treaty the assembly has a membership compressing 9 members elected by each partner state, ex-officio members consisting of the minister or assistant ministers responsible for the East African Community Affairs from each partner state, the Secretary General and the Counsel to the community.
He says the act by the two clerk returning officer replacing Charles Muteti’s name with that of Iman Falhada notwithstanding the fact that the latter had fewer votes so as to meet the one-third gender principle is sufficient testimony that the duo well understand that it is not always about the strength of the numbers and that other principles especially those under article 10 of the constitution of Kenya come into play.
Following the final list, it is clear that four regions gabbed 8 EALA slots out of the total 9 leaving 1 slot to the North Eastern Region -Garissa county and the entire regions of Western Region, Nyanza (Lake) Region and Eastern Region with none thus the clear manifestation of exclusion.
