Reprieve for TNA reps in jobs row

Thirteen ward representatives whose nomination was nullified by The National Alliance (TNA) party will stay in office pending determination of their appeal, a court has ruled.

The High Court in Nyeri issued the order Tuesday when it suspended implementation of a magistrate’s decision that had sent the Members of County Assembly (MCAs) packing.

The ward representatives moved to the superior court, claiming that the magistrate had no mandate to reverse a decision by the Court of Appeal in Nairobi.

COURT RULING

In her judgment delivered on June 5, Nyeri Chief Magistrate Wilbroda Juma held that TNA failed to observe the Appeal court’s ruling, which had quashed TNA’s first list of nominated MCAs for Nyeri County Assembly.

Ms Juma had further faulted the party for failing to advertise the positions before nomination.

She blamed the electoral commission for certifying an improper nomination list provided by the party.

However, the 13 appellants said if they were dismissed from the Assembly, projects and services would come to a halt.

That, they argued, would interfere with public interest since the assembly’s core business is to serve Nyeri residents. Further, the House would experience gender imbalance and non-representation of marginalised groups, they said in their appeal.

They further accused the magistrate’s court of misinterpreting the Court of Appeal’s ruling.

FAILED TO OBSERVE THE LAW

They said Ms Juma failed to observe the law by presuming that she had jurisdiction to interpret and implement a decision made by Appeal court judges.

TNA’s lawyer, Ms Wangui Kairu, welcomed the suspension of the magistrate’s decision.

She said if the High Court had declared the MCAs seats vacant, the assembly would have suffered.

The parties in the case will present their submissions on August 6, directed the court.