Nominated MCAs from Kisii county have praised the High Court in Nakuru for its judgment against discrimination.
The MCAs, led by their chairperson Caren Magara, on Thursday lauded Justice Joel Ngugi’s judgment that nominated and elected members should be treated equally.
Addressing the press at the assembly’s precincts, Magara lauded her nominated colleagues from the Rift Valley for seeking redress in court, "instead of fights".
Nominated Nakuru MCAs moved to court after their colleagues, who had been chairing House committees were axed from their positions.
Magara also thanked the National Gender and Equality Commission for taking part in the case. The commission petitioned the court on behalf of the MCAs. It listed Majority leader of the Nakuru assembly, clerk, speaker, one Stanley Karanja and the Salaries and Remuneration Commission as respondents. Jubilee Party and one Catherine Kamau were interested parties.
Magara expressed optimism a similar judgment would be delivered by a Kisumu court where they filed a similar petition. Justice Ngugi, on July 29, ruled as discriminatory the resolution of the county assembly dated October 17, 2018, to approve a report of the Committee on Selection Harmonisation of membership of sectoral and select committees of the assembly.
He said it was in violation of the Constitution. The court also found the SRC was impermissibly discriminatory against nominated MCAs for establishing a cap on mileage allowance on the basis that they have no geographical constituency they represent.
Ngugi noted that the policy by the SRC does not meet the rationality and legality test to pass constitutional muster.
Edited by R.Wamochie
