A section of Baringo MCAs on Monday sought to block the rejection of the Constitution of Kenya (Amendment) Bill, 2020, by the county assembly.
Through lawyer Gordon Ogola, they petitioned the High Court in Kabarnet.
“My clients are contesting the shambolic process, acrimony and the harassment against them during the process. We pray that the judge will give a fair judgment to their plea,” Ogola said.
Last Thursday, 31 Jubilee MCAs shot down the bill, outvoting their 10 counterparts who were in support of the proposed changes. The process was marred by chaos, with members teargassed.
Those who supported the bill included Maria Losile (Loyamorok), Shedrack Mailuk (Tangulbei), Sam Lokales (Tirioko), Nelson Litela (Silale), Ameja Zelemoi (Churo-Amaya) and Renson Barkei (Mukutani).
“All we request as minority MCAs in the assembly is stoppage and recanting of the entire process,” Kabarnet MCA Ernest Kibet said.
He also appealed the bill be subjected to public participation before being tabled in the assembly. Kibet is an independent ward rep. He partnered with his Kanu and ODM counterparts. The Kanu group also included nominated MCAs Betty Birchoko and Francisca Cheburet.
They accused speaker David Kiplagat of inciting and misleading the majority members to reject the bill without following due process.
“In fact when I stood to raise a point of order, the mover of the motion, who was Charles Kosgei (Mogotio MCA), slapped me on the speaker's watch,” Kibet said.
Birchoko condemned her Jubilee counterparts for capitalising on numbers to reject the bill “without considering its underlying benefits”.
Cheburet prayed that the court annuls the rejection, saying it will be shameful for Baringo to be on the list of a few counties rejecting the bill.
“To us, the bill champions increased resources to the counties and who doesn’t want to be associated with it?” she asked, urging residents to vote it in a referendum.
The differences between Deputy President William Ruto and Kanu chairman Gideon Moi-the county's senator—took the centre stage during the vote.
Jubilee MCAs, led by majority chief whip Reuben Chepsongol (Bartabwa) dismissed the bill as fake.
Others who opposed are Silas Tochim (Tenges), Nixon Lemlem (Marigat), Kipruto Kimosop (Mochongoi), John Aengwo (Kipsaraman), Julius Ngotie (Eldama-Ravine) and Jeniffer Kabon (Kapropita).
“Let those who feel aggrieved go to court as long as we know we voted it out and our assembly is equally supreme,” Kimosop said.
After wining, the team of Jubilee MCAs rushed out to address thousands of people who thronged the assembly compound chanting "hustlers' power".
Anti-riot police had to flee the assembly grounds to protect themselves from the wrath of the charged youths.