Activist files suit to nullify nomination list for Nairobi MCAs
An activist has filed a petition seeking to nullify the nomination of Nairobi City Members of County Assembly.
Dr Mercy Onsando, who is living with disability, claims the nomination process was flawed and violated the Constitution, as the disabled were left out among the special interest groups.
The case has been filed in the High Court under a certificate of urgency. Her suit names the Independent Electoral and Boundaries Commission (IEBC) and Nairobi County Assembly as First and Second Respondents respectively.
Through her lawyers Wameyo & Company Advocates, Onsando has sworn an affidavit citing grounds that IEBC has gazetted persons to represent special interests in the Assembly with total disregard to persons with disability.
“Formula used in gazetting persons with special interests in the Assembly failed to ensure that interests of PWDs are taken care of,” the affidavit.
Onsando maintains that the formula adopted infringed the Constitution by turning a blind eye on the representation of Persons With Disabilities (PWDs) and failed to ensure there is equity in the special interest seats, as all of them were reserved to the other three; youth, women and the marginalised.
She further contends that from the IEBC gazette notice of September 9, PWDs shall not be represented; yet Regulation 56 of the Elections Act requires that at least two persons should represent this group.
Onsando who has political interest of serving the community and paying attention on disability issues has since 2013 sought for nomination as a representative on PWDs in vain.
She observes that some of the reasons she has not acquired this opportunity is due to the fact that the laws, regulations and processes that guide nomination of PWDs are either not comprehensive enough leaving loop holes for those nominating to manipulate the process.
She argues it enables the relevant offices such as IEBC or political parties to deny the marginalied groups their positions.