Two Murang'a voters move to court, want 11 MP slots declared null and void - Beaking Kenya News

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Wednesday, 11 November 2020

Two Murang'a voters move to court, want 11 MP slots declared null and void


Two Murang'a voters have moved to court seeking to have positions of 11 Members of Parliament who did not resign as Members of County Assembly before the 2017 General elections declared null and void.

The residents, Kennedy Irungu Ngondi and Martin Njuguna Ngugi through lawyer Alphonce Omondi, want the court to declare that the election of the said MPs was in violation of the constitution and therefore null and void.

According to the petitioners, the eleven MPs were state officers at the time of their nomination to stand for elections as Members of Parliament.

“Section 43(5) of the Elections Act allows state officers to vie for elective public office provided they first resign from the office they are holding at least six months prior to the date of the election,” they claim in the petition.

Those sued are; Maragua MP Mary Waithera Njoroge, Laikipia Women Rep Catherine Wanjiku Waruguru, Nakuru Senator Susan Wakarura Kihika, Kakamega Senator Cleophas Malalah and Laikipia West MP Patrick Kariuki Mariru.

Others are; Baringo County Women Rep Joyce Chepkoech Korir, North Mugirango MP Joash Nyamoko, Mombasa County Women Rep Asha Hussein Mohammed, Kisumu Central MP Ouda Fred Odhiambo, Bureti MP Mutai Japheth Kiplangat and Kajiado West MP George Sunkuyia Risa.

The IEBC has also been named as a respondent in the suit.

The two voters in the court documents argue that Article 99 (2) (d) of the Constitution unequivocally disqualifies MCAs from Parliamentary elections.

“Section 43(5) of the Elections Act, places a reasonable restriction on the respondents' political rights under Article 38 of the Constitution by giving them like other State Officers who desire to contest for parliamentary elections, the option of resigning from their positions at least six months before the polls,” the two said.

They argue that that since the 11 MPs did not resign from their positions as members of the various County Assemblies at least six months before their election as Members of Parliament in 2017, the said elections were conducted in violation and in flagrant disregard of the Constitution.

The two argue that by allowing the 11 to contest the elections in 2017, IEBC violated Article 27 of the Constitution by discriminating against other state officers who were denied the opportunity to contest on account of them being state officers.

“IEBC with full knowledge that the MPs were State officers at the time of their nominations for elections as Members of Parliament, nevertheless allowed them to stand for elections in utter contravention of Article 99 2(a) of the Constitution,” the court documents read.

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