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Senators Seek to Change Law Barring Nomination of ‘Outsider’ MCAs. The petition which is currently before senators, wants nominees to county assemblies to be registered voters and residents of respective counties.
If amended, the law will bar political parties from nominating their members as ward reps in counties where they are not registered voters or residents. They are pushing for the enactment of a clause in the electoral laws that will make sure that all nominated MCAs are registered voters and residents of the respective counties they are nominated to.
This is after Mr. Laban Omusundi, a Nakuru County resident petitioned the Senate. The petition raised concerns that some MCAs were nominated and are serving in counties where they are not registered voters and, thus, not familiar with the challenges and needs in those specific counties.
“An example is where a person who participated in politics in Kiambu is nominated in Turkana, Nairobi, Kericho, Nakuru, Kakamega, Muranga, or Kajiado county assemblies,” said Mr Omusundi.
Reasons Why Senators Seek to Change Law
Senate Majority Whip Boni Khalwale agreed with Mr. Omusundi, saying currently nominations benefit party leaders directly or their relatives and girlfriends, or the slots are sold. He cited Kakamega County, which he represents.
Vihiga Senator Godfrey Osotsi supported the proposed law changes, “It should not stop at Voters; they should also be residents of that particular county”, he said.
Nominated Senator Beatrice Ogola said if nomination to county assemblies is left open, it will be open to abuse.
You cannot transport someone from Kisumu to become an MCA in Isiolo yet we have many voters who can be appointed to those positions
Isiolo Senator Fatuma Dulle
“You cannot tell us that the only people you can reward are particular people found elsewhere, but not the locals in those counties,” Said Ogola
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Bomet Senator Hilary Sigei said those nominated should support the party even within the areas where they come from.
“In the case of the county assembly nominees, they must be people who come from within the county so that they advance the interest of the people coming from that particular county said Mr Sigei.
Nakuru Senator Tabitha Keroche said the nomination process is being abused.
“This is because I know in some counties such as where I come from, all the MCAs were nominated by one person,” she said
Isiolo Senator Fatuma Dullo said the anomaly must be corrected. “You cannot transport someone from Kisumu to become an MCA in Isiolo County yet we have many voters who can be appointed to those positions,” she said.
“Everybody wants their girlfriends, wives, or whoever to be nominated in Kajiado County because it is easy for them to operate in Nairobi City County and go to Kajiado County and back. They do not know the issues affecting the people of Kajiado County.” said the former Kajiado East MP
Memoirs of The Elections (Amendment) Bill 2021
The Elections (Amendment) Bill 2021, was sponsored to Parliament by the then Ndaragwa MP Jeremiah Kioni, seeking to amend section 34(8) of the Elections Act to promote ‘local solutions to local issues’ in counties.
The Bill was approved by the National Assembly and was sent to the Senate as required by the law.
“A person shall not be nominated by a political party unless the person is, on the date of submission of the party list by the political party, a registered voter in any of the wards in the county in which the person is to be nominated,” the bill reads in part.
Read: Kenya election law amendment takes effect
Under the current nomination laws for MCAs, anyone can be nominated to any of the 47 county assemblies provided that the sponsoring political party indicates so on the list submitted to the Independent Electoral and Boundary Commission (IEBC)
Article 177 (1) b of the constitution provides that a county assembly consists of the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender.
Source: Senate and references from Nation Media.
