Kisumu resident files petition seeking to block MCA from contesting speaker’s seat
By Dickson Odhiambo
January 23, 2020
Kisumu resident files
petition seeking to block MCA from contesting speaker’s seat
A KISUMU County Resident has moved to
court and filed a petition seeking the court to bar North Kisumu Ward Member of
the County from contesting the seat of the Speaker of the County Assembly of
Kisumu which is slated for tomorrow.
The petitioner Pascal Odhiambo Abungu has filed the notice
of motion today at the High Court in Kisumu and cited Elisha Jack Oraro as the
first respondent in the matter and Clerk of the County Assembly of Kisumu as
the second respondent.
In his petition, the Applicant says the first respondent is
one of the candidates slated to participate in the election to the vacant
position of the Speaker to the County Assembly of Kisumu which is schedule to
take place tomorrow January 24, 2020 in spite of the fact that he is in
eligible to contest for the position.
The petitioner says in his application that the first
respondent was then one of the candidates who submitted in his application for
the advertised position by the set deadline of January 21,2020 notwithstanding
him being the MCA representing the people of North Kisumu ward.
He says the said action by the first respondent submitting
his application without tendering in his resignation as a member of the county
assembly is a violation or contravention of Article 178{1} of the constitution
of Kenya 2010 as read with section 21{1} of the Elections Act No. 24 of 2011,
adding that as such he is not a qualified candidate as envisaged by the above
provisions of the law.
“The applicant herein believes that by permitting the first respondent
to contest in the said election, and in spite of his manifest legal handicap,
will lead to gross violation of the constitution hence jeopardize efforts to
entrench the rule of law within the devolved Government of Kisumu,” says part
of the petition.
The petitioner wants the court to certify the matter as
urgent, adding that the court should be pleased to find that the first
respondent is not eligible to contest for the election to the vacant position of
the county Assembly of Kisumu.
“The honorable court upon finding that the first respondent
is not eligible for the election as the Speaker of the County Assembly of
Kisumu be pleased to bar him from participating as a candidate during the
election slated for January 24, 2020,” the application adds.
He also wants the costs of the petition be provided for and
any such order as the court deem fit and expedient to grant for the ends of
justice be met.
ENDS:
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