Win for Kisii nominated MCAs as court allows them to vote

Nominated members of the Kisii County Assembly will now be able to vote and introduce Bills and motions after the Kisumu High Court issued conservatory orders suspending amendments made by the assembly.

The amendments had been termed as discriminatory and unconstitutional by the 15 affected MCAs.

In his ruling, Judge Fred Ochieng granted the nominated MCAs full rights to vote and pass motions in the assembly.

“Having given due consideration to the interests of all parties, I find that justice demands that a conservatory order [is issued], so as to preserve the applicants’ right to equal treatment as their elected counterparts,” the judge ruled.

In their application, the leaders claimed that the county assembly passed a motion amending standing orders which stated that the nominated MCAs could not vote and that the only persons who could vote are those who are elected.

Further, they said the amendment denied the leaders a chance to bring any motion or Bill to the assembly and if in any case they wanted to address an issue, they would have to first consult with the elected MCA who is the head of delegation for a particular ward.

In his ruling, the judge noted that side-lining the MCAs reduced them to ceremonial individuals yet laws passed affected everyone.

The aggrieved leaders also wanted the county assembly to be fair on salaries, working personnel and offices for MCAs.

Their lawyer, Otiende Amollo, said all MCAs, whether elected or nominated, must be treated equally.