Two nominated Members of County Assembly (MCA) of Mandera have lost their seats after the High Court declined to overturn a lower court decision that nullified their nominations.
Justice Nixon Sifuna upheld the ruling by Mandera Magistrate Peter Wasike that nullified the nomination of MCAs Abdow Bishar Bishar Maalim and Sokorey Maalim Issakow and declared Suban Ahmed Abdinoor and Abdiwelly Haji Bukura as the duly nominated MCAs by United Democratic Movement (UDM) party.
While dismissing the appeal by Abdow and Sokorey, Justice Sifuna said the duo’s nomination was illegal as their names were not in UDM’s party list for marginalized category that was published in a local daily on July 27, 2022.
Justice Sifuna concurred with the finding of Magistrate Wasike who had observed that the nomination of the two MCAs was not in compliance with the constitution, relevant election and nominations laws and regulations and the party constitution
The judge granted the Independent Electoral and Boundaries Commission (IEBC) seven days to degazette the two.
The electoral body was further ordered to gazette Suban and Abdiwelly as the duly nominated members for the UDM party to represent Persons with Disabilities (PwDs).
Further, the judge ordered IEBC to pay successful appellants Suban and Abdiwelly Sh1.7 million for ‘recklessly’ publishing two different lists of those to be nominated to represent Persons with Disabilities.
In his decision, the judge also ordered the Speaker of the Mandera County Assembly to swear in Suban and Abdiwelly as the duly nominated members of UDM party in the House within seven days of their gazettement.
“The orders shall forthwith be served upon the Speaker of the County Assembly of Mandera for compliance and necessary action,” Justice Sifuna ordered while nullifying IEBC’s gazette number 10712.
Suba and Abdiwelly had challenged the nomination of Abdow and Sokorey nomination by UDM.
The court was told that Abdow was not a member of Senator Ali Roba-led UDM party until September 11, 2022, two days after the gazettement of the list of nominated members of the assembly.
