Nakuru Nominated MCAs have a reason to smile after winning in a petition filed at the Nakuru High Court challenging their de-whipping from various Committees’ leadership.
The Petition No.1 of 2019 was filed by the National Gender and Equality Commission.
The Commission had sued the Majority Leader, Clerk, Speaker of County Assembly of Nakuru, and others. In the matter, NGEC also contested a circular issued by the Salaries and Remunerations Commission (SRC) stating that nominated MCA’s do not have a defined constituency and therefore capped their mileage allowance to the standard mileage provision.
It sought the determination on a matter in which the Nakuru County Assembly passed and adopted a report of the Committee on Selection Harmonization of Membership of Sectoral and Select Committees of the Assembly that sanctioned de-whipping 12 nominated members serving as Chairpersons and Vice-Chairpersons in different committees.
The Petition also sought a declaration that nominated and elected members of County Assemblies to have equal status and are entitled to equal opportunities, responsibilities and privileges.
It also sought a declaration that SRC circular Ref. NO. ARC/TS/CGOVT/3/16 on remuneration and benefits for members of County Assembly to the extent that it provides that nominated members have no defined geographical constituency is erroneous, unlawful, unconstitutional, null and void.
And on Monday 29th July 2019 High Court Judge Prof Joel Ngugi delivered a judgment that will see the MCAs reinstated in their various positions in committees.
He declared the declaration the Nakuru County assembly unconstitutional as well as declaring the circular of the SRC discriminatory.
The Nakuru county assembly will now have to reconstitute the committees. The nominated MCAs will also have the power to vote on matters of the house.
Lawyer for the Commission Sylvester Mbithi had earlier stated that the move by the county assembly created a negative discriminatory, divisive, class and strata of first-class and second class members of the assembly whereby, nominated female members belong to the second class, are inferior to the first class and therefore not competent and qualified to hold leadership positions in the county assembly.
Addressing media after the judgment, the nominated MCAs led by Joyce Anyiso commended the court for the decision.
“To God be the Glory, justice has been served,” said Anyiso.
Similar sentiments echoed by Nominated MCAs Liz Gichuki, Susan Njuguna, Rose Njoroge and Alice Kering.
They welcomed the judgment stating that it is now clear that nominated and elected members of County Assemblies have equal status and are entitled to equal opportunities, responsibilities and privileges.