Nyandarua nominated MCAs address the press at Thompson’s Falls in Nyahururu on April 23, 2013. Fifteen of them lost their seats last Friday. Photo/File.
BY SAM ALFAN.
Supreme Court has suspended the revocation of Nyandarua Members of County Assembly whose nomination was dismissed by the court of appeal.
Justice Professor Jackton Ojwang, said that pending further orders of the court, there shall be no execution of the court of appeal judgment which rendered the fifteen MCA jobless.
The judge said that the members shall remain in office until the petition before the Supreme Court is heard and determined.
Justice Ojwang further ordered that no gazettement of new nominees shall be made and no further action will take place until appropriate directions are given by the highest court in land.
The aggrieved MCA through their lawyer Charles Kihara, told the judge that the fifteen members were nominated by Party of National Alliance following the 4 March 2013 general election and their names were forwarded to the Party for consideration.
The decision to nominate the 15 was opposed by their political rivals who subsequently filed judicial review application in high court which was dismissed.
Justice Roseline Nambuye, Mohamed Warsame and Agnes Murgor in their judgment dismissed the high court judgment which was in favor of the 15 MCA and directed that fresh nomination be carried out within seven days.
Justice Ojwang heard that the appellate court did not give guideline on how the fresh nomination should be conducted as has been the case before and the common practice of the court.
Mr Kihara told the Supreme Court judge, that the appellate judges acted without jurisdiction by delivering a judgment which effectively removed the validly nominated MCA for Nyandarua County.
The lawyer submitted that the three judges patently breached the provisions of the constitution which provide that the removal member of Parliament, Senate and MCAs must be filed by way of election petition and not judicial review as in the case which the court of appeal has made determination over.
Justice Ojwang directed that application challenging the judgment of the court of appeal be heard on priority basis.