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Masiaya Says Assembly Cannot Declare Vacant ODM’s Nominee Seat

One year after election petition court in Kajiado annulled the nomination of Sandra Mario to county assembly the speaker has not taken any action.

Nominated MCA Sandra Mario -with plaited hair- at Nakeel grounds in Ongata Rongai during Bunge Mashinani session on Friday.

However, on Monday, deputy speaker Joseph Masiaya said the assembly does not act on instruction from lawyers but advice from the Independent Electoral and Boundaries Commission that is mandated to handle election petition.

“We are not aware of any official communication asking us to declare vacant that position being held by Mario,” said Masiaya.

Elizabeth Kibor successfully challenged though election petition appeal (No. 1 of 2018) the nomination of Mario by Orange Democratic Movement Party to the assembly and the high court in Kajiado revoked and annulled her nomination on June 28, 2018.

Mario, after the election petition court annulled her nomination, went to Court of Appeal to challenge the judgment.

However, through her advocates, she withdrew the appeal on March 7, 2019. After that, therefore, the high court judgment issued on earlier remained unchallenged and the decree issued on the same ruling by the registrar on July 23, 2018 stands.

On March 11, Lumumba & Ayieko Advocates acting for Kibor, wrote to Kajiado Assembly Speaker (Ref: LAA/001/2019/ELEC. PET) giving him notice to declare the seat held by Mario at Kajiado County Assembly vacant.

The High Court at Kajiado while ruling on the election petition filed by Kibor on March 11, 2019, ordered ODM to conduct fresh nomination for the purposes of submitting nominees for gazettement by IEBC to join the County Assembly of Kajiado under special interest representation.

Masiaya said in the absence of fresh nomination from ODM as directed by the High Court and fresh direction from IEBC, the assembly’s hands are tied.

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