Rongo High Court has nullified the nomination of 12 Members of County Assembly nominated by ODM Party to Migori County Assembly on grounds that it was not done constitutionally.
In his judgment Justice Raymond Langat said the ODM party did not honor the directive given by the political parties’ tribunal that directed the party to harmonize the nomination list before submitting it to the Independent Electoral and Boundaries Commission (IEBC).
He has however upheld the nomination of the third respondent Philister Atieno who was nominated under disability.
The respondent through their lawyer Christopher Oyieko said they are not satisfied with the court decision saying that they are going to appeal the decision of the court.
The petition was filled by nine voters in Migori County who were challenging the criteria used in nominating the 13 MCAs to Migori county assembly by ODM party.
Elsewhere, the hearing of a petition challenging the election of Kitui Governor Charity Ngilu by the former governor Julius Malombe is ongoing at the Milimani Law Courts in Nairobi.
Malombe in his petition claims that the election was neither fair nor credible and that it was marred by violence and voter bribery.
However these allegations were dismissed by Ngilu’s lawyer Kioko Kilukumi. Malombe alleged some of his agents were not allowed into polling stations.
In the petition, he had cited Ngilu as the first respondent with electoral Commission being the second respondent. Malombe had expressed concern that the results that were displayed on the IEBC portal were not corroborated.
During last year’s polls, Malombe ran on a Wiper party ticket, while Ngilu flew the Narc flag. Separately the case challenging the Shisha ban will continue on Friday after the court made directions.
The Court declined to suspend a ban imposed on Thursday by Health CS Cleopa Mailu.
15 people, among them smokers, distributors, promoters and manufacturers filed an urgent application at the High Court to protest against the ban.
They said the decision by the CS was irregular and should be lifted.