The High Court in Nakuru has declared the de-whipping of nominated female MCA from house leadership unconstitutional.
It has given the house 90 days to reconstitute the leadership.
Justice Joel Ngugi in a case filed by the Gender and Equality Commission said the move by the Majority Leader of the Nakuru county assembly was unlawful and discriminatory.
It violated the tenets of affirmative action, inclusion of the marginalized groups and the two-thirds gender principle.
“The court has found the resolution of Nakuru county assembly on selection on harmonization of membership within the county assembly to be discriminatory, unconstitutional and null and void,” ruled Justice Ngugi.
The court said elected and nominated members have equal rights in the house.
Twelve nominated women MCAs had challenged their de-whipping from the house leadership positions.
The National Gender and equality commission filed a constitutional petition on January 14 seeking to have all nominated members of the county assemblies accorded equal status and privileges and opportunities as their elected counterparts across the country’s 47 county assemblies.
This was after the county assembly adopted a report by the Committee on Selection and Harmonization of Membership of Sectoral and Select Committees of the Assembly that recommended de-whipping of nominated women MCAs who were serving as chairpersons and vice chairpersons.
Through lawyer Silvester Mbithi, the commission told the court the decision was unlawful and discriminatory.
In an affidavit, Dr Joyce Mwikali Mutinda, the commission chairperson contested the decision saying that the decision will have a huge blow on gender balance and equality principle within the assemblies.
