Court alters IEBC's county wards
The five-judge bench of Justices Mohammed Warsame, Ruth Sitati, Hellen Omondi, Pauliner Nyamweya and David Majanja delivering their verdict at the Milimani Court on Monday. PHOTO / PAUL WAWERU
A five-judge bench on Monday retained 80 newly created constituencies but altered the location and names of proposed county wards.
The Independent Electoral and Boundaries Commission (IEBC) was sent back to the drawing board over altered locations and names of county wards.
Petitioners from Mombasa, Kwale, Taita Taverta, Lamu, Kilifi, Mwatate and Tana River had a mixed verdict as the judges ruled in favour of some while dismissing the claims of others.
Members of Jomvu and Chamgamwe constituencies had complained that the IEBC renamed county wards without taking into consideration the wishes of the community that reside in those areas.
In their verdict, Justices Mohammed Warsame, Ruth Sitati, Hellen Omondi, Pauliner Nyamweya and David Majanja amended the decision of the commission to move and rename two wards in the constituencies.
“Magongo ward in Jomvu is hereby renamed Changamwe ward and moved to Changamwe Constituency while Miritini ward is removed from Changamwe to Jomvu” said Justice Warsame.
The judges said that a simple name change according to the wishes of the people does not mean that a ward or a constituency stops to exists, adding that there is no difference even if the name may sound outrageous.
Jibanga ward in Rabai constituency was renamed Kambe while the number of wards in the constituency were reconstituted to include Rabai, Kambe and Huruma.
In Kwale County, the judges orderd that Funzi, Kikwende and Shimoni sub-locations be removed from Kikongwe ward to Ramisi Ward, while two petitions from Lamu County seeking to quash the creation of new county wards were dismissed.
However, a prayer by petitioners from Ganze to have the wards increased from four to five was rejected. Also dismissed was a petition that sought to create an additional constituency in Taita Taveta after the judges ruled that constituencies were protected and it was not in the mandate of the IEBC to change them.
Kilifi North and South Constituencies lost out on their complints that the IEBC disregarded the population quota, with the court ruling that changing the status quo will have a dorminant effect on the two constituencies since their community interests were considered.
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