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{
    "id": 770491,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/770491/?format=api",
    "text_counter": 412,
    "type": "speech",
    "speaker_name": "Hon. Katoo",
    "speaker_title": "",
    "speaker": {
        "id": 199,
        "legal_name": "Judah Katoo Ole-Metito",
        "slug": "judah-ole-metito"
    },
    "content": "past the nomination desk. They were disqualified by the presiding officers for lacking some documents. They were not able to meet the threshold as required by the rules. Therefore, those who were accepted are the 27 from the political parties. The total number of candidates cleared was 31 and they were issued with nomination certificates. They were 26 nominees affiliated to political parties while five were independent candidates. Only five candidates made it past the nominations desk. The reason why they were 26 and not 27 for political parties is that there was one candidate affiliated to the NASA Coalition who could not make it on the day of nominations to bring his papers. But as a Committee, we reinstated his name yesterday because we found that his complaint was very genuine. Again, the name came on time. We have the whole list of the 12 nominees from NASA. This is very interesting. A point which is very good for Members to note is that the presiding officers noted that one of the nominees of the Jubilee Party, namely, Ms. Julie Njeri Waweru, is serving as a public officer. She is one of the directors of the Kenya Youth Enterprise Fund, and she was among the 15 who were returned by the Jubilee Party. Being a director of the Youth Fund, the presiding officers had provisionally accepted her nomination papers on the strength of the court decision by Justice D.K. Njagi Marete, in Eric Cheruiyot & 7 Others versus the IEBC & 7 Others, issued on 29th March 2017. The court declared that Section 43(5) of the Elections Act, 2011 was unconstitutional, in effect allowing public officers intending to vie for political office to continue serving in their respective offices and only be required to resign after being nominated by their political parties to contest in an election. I think this case was in the Kericho High Court. However, the presiding officers went on to note that, that decision by Justice Marete has been stayed by a Court of Appeal sitting in Embu County. Another one is Mr. Eric Cheruiyot versus 15 others on 27th September 2017. This had the effect of suspending the decision of Justice Marete and, therefore, reinstating the provisions of Section 43(5) of the Elections Act, 2011 which mandates public officers to resign at least six months before an election in which they intend to contest. I want Members to understand this very well. It is in public knowledge now that NASA Coalition is entitled to four slots and they should bring three times the four slots to make it 12 while Jubilee Party is entitled to five slots and, therefore, they should bring three times the five, which is 15. However, this will not be the case because the Committee has disqualified two nominees. So, the numbers are going to be 11 for NASA and 14 for Jubilee. The case I have just mentioned is of a nominee from the Jubilee Party. The other one is from the NASA Coalition. The presiding officer also pointed out that Ms. Winfred Mutua, a nominee of the NASA Coalition is a sitting Member of the County Assembly of Machakos. Hon. Temporary Deputy Speaker, it is just good to make the Members aware that Article 99(2)(a)(d) of the Constitution provides that an MCA is not qualified to be elected as a Member of Parliament. This, therefore, means that Ms. Mutua does not qualify to be elected as a Member of EALA in accordance with Article 50(2)(b) of the East African Community Treaty. The article says that they should not be sitting members of other legislative organs or public officers. The presiding officers however, provisionally accepted her nomination papers to enable the Committee to make a decision on whether she qualifies for election to EALA in accordance with The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}