Regina Chumba, a member of people living with disabilities who has filed a case against 17 nominated MCAs addressing the press at a past event. [Photo: Joe Khisa]
An Eldoret Court has finally confirmed that it will be hearing a case in which People Living with Disabilities (PWDs) are seeking the nullification of the nomination of 17 Members of Uasin Gishu County Assembly (MCAs).
The court had on September 5 differed hearing of the case pending gazettement of an elections court by the chief justice.
Chief Magistrate Charles Obulutsa who was handling the case on Tuesday confirmed that the court had been gazetted and would be and would, therefore, handle the matter.
Obulutsa further ruled that the court has the mandate to arbitrate a party nomination dispute as it qualifies to be an electoral dispute.
"The entire process of individuals getting nomination seats is an integral part of the electoral process. The dispute qualifies fully to be addressed by an election court gazetted by the chief justice," said Obulutsa.
"IEBC and Political Parties tribunals authority to resolve any election dispute ended after the gazettement of the MCAs and its now up to the courts to make a determination," he added.
Regina Chumba together with other 400 PWDs had moved to court seeking to block the nomination of the 17 MCAs claiming the process left out representatives of PWDs and prioritized rewarding governor Jackson Mandago's against Political Parties Act and the Elections Act.
The Jubilee Party, IEBC, and the 17 nominated MCAs are named as respondents in the case that will be mentioned on November 29, 2017, for the pre-trial of the matter.