The Independent Electoral and Boundaries Commission’s (IEBC) Chief Executive Officer has been given seven days to gazette Evans Kapkea as the duly appointed Deputy Governor of Uasin Gishu County.
Eldoret High Court Presiding Judge, Justice Reuben Nyakundi, ordered the IEBC CEO, Marjan Hussein Marjan, to issue the gazette notice within seven days of being served with the court order.
Justice Nyakundi ruled that in the absence of a duly constituted IEBC as per Article 88 of the constitution, the CEO should issue the gazette notice since the Governor of Uasin Gishu County and the County Assembly complied with the procedural requirements of the law on the nomination and vetting of Evans Kipruto Kapkea as the new Deputy Governor.
“An order of mandamus be and is hereby issued directed to the respondent administrative unit headed by the CEO to initiate the instruments to the government printer for the name of Evans Kapkea to be formally entered in the official Kenya gazette notice as the newly nominated Deputy Governor Uasin Gishu County, effective from the date of vetting by the county assembly,” directed the judge.
The County Government petitioned the court to order the IEBC Secretariat or its CEO to gazette Kapkea as the duly nominated Deputy Governor following his nomination by Governor Jonathan Bii and subsequently vetting and approval by the County Assembly.
Kapkea, formerly MCA Tembelio Ward, was nominated by the Governor on August 21st, 2024, following the resignation of the then Deputy Governor, Eng. John Barorot.
Justice Nyakundi issued the order on October 14, 2024, after the County Government sought the court’s intervention on September 30th, 2024, through its solicitor, B.K. Bulbul.
Nyakundi said the court had jurisdiction to adjudicate on the petition, adding that the petitioners had established that the rights of the residents of Uasin Gishu of representation and their aspirations based on essential values of Human Rights, equality, freedom, democracy, social justice, and the rule of law had been violated.
He further directed that as the appointing authority, Governor Bii was at liberty to initiate the Gazettement of Kapkea to pave the way for his swearing-in and assumption of office with immediate effect if IEBC defaulted.
Efforts by IEBC to seek the courts’ leave to stay the execution of the declaration were denied.
In response to the ruling, Governor Bii lauded the court, saying the ruling represents a great win for devolution. He hoped that IEBC would undertake the mandate to enable the county to execute its duties to the people of the county fully.
By Kiptanui Cherono
