- Through lawyer Dorcas Mwae, Omwoyo says there is no requirement in law for her to be gazetted as a pre-requisite requirement for her to be an MCA.
- She also wants the court to find that the Speaker violated Chapter 6 of the Constitution and is not fit to hold public office.
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A lawyer whose nomination as Nyamira County Assembly MCA was upheld now wants the court to order IEBC CEO to gazette her.
In an application to the court, Michelle Omwoyo argues that despite valid court judgment by two courts of competent jurisdiction declaring that she was validly nominated to represent Jubilee Party in the Nyamira County Assembly under the gender category, IEBC has failed to gazette her and the speaker has also failed to swear her in as an MCA.
IEBC has failed to gazette her due to a lack of commissioners as three have resigned, one was removed by the tribunal and three retired on January 17 after their six-year term ended.
She wants an order issued compelling IEBC CEO Marjan Marjan to Gazette her as an MCA under the gender top-up lists representing Jubilee Party.
Failure to which she has asked the court to direct the Speaker Nyamira County Assembly to swear her in as the duly nominated MCA.
“Failing to comply with the two above orders within the stipulated time, then the petitioner be deemed as having been nominated and she is at liberty to take her position as an MCA,” reads court papers
In court documents, she says the Nyamira Magistrates court had issued an order nullifying the nomination of Dolphine Onkoba as an MCA and further directed IEBC to use the list that has Omwoyo as the number one on the list.
Onkoba then moved to the high court to challenge the decision filing three appeals which were all dismissed thereby upholding the decision of the magistrate’s court.
However, Omwoyo says that despite no stay orders stopping her swearing-in as an MCA, the speaker has failed and refused to swear her in as had been directed by the court.
Through lawyer Dorcas Mwae, Omwoyo says there is no requirement in law for her to be gazetted as a pre-requisite requirement for her to be an MCA.
Omwoyo says that if she is not gazetted within seven days of the court’s order, then there is a need for an express order to be issued that she be deemed a having been nominated and be at liberty to take her position as an MCA.
She further claims that the Speaker of the County Assembly has been shielding Onkoba under the disguise that she must be gazetted by IEBC before she is sworn in.
“The Speaker has with blatant disregard of the valid court orders allowed Onkoba to illegally draw salaries, allowances and other benefits to my detriment yet the magistrate's court held that I am the valid nominee by Jubilee Party,” she says.
She also wants the court to find that the Speaker violated Chapter 6 of the Constitution and is not fit to hold public office.