The High Court has certified as urgent a case lodged by 34 ODM councilors whose nominations have been revoked. The nominated councilors who have been serving in various municipal and county councils in the country moved to court yesterday saying the decision to revoke their nomination is illegal and unconstitutional.
Through their advocate Njenga Mbugua and Nyanjua, the councillors said the IIEC has issued a communication dated June 30 to the Local Government minister Musalia Mudavadi purporting to have their nominations revoked and their positions taken up by other persons. High court judge Jeanne Gacheche declined to issue any orders yesterday but directed them to go back to court on July 12.
The judge then directed the councilors to file and serve their documents to the IIEC, the minister and the Ag. The councilors said unless their case is heard urgently, the minister is likely to act on the recommendations which they say will glossily prejudice them. They did not argue that nor prior communication made to them informing of the decision to revoke their nominations.
According to their court documents, the action to revoke their nomination violates constitution of ODM, the political party that sponsored their nominations. They further say the decision to revoke their nominations has been made in disregard of the law and the rights of the applicants as guaranteed in the constitution. Also sought is an order to stop Mudavadi from acting on the request and recommendations by IIEC.
They say at the time of their nomination as councilors, they had met all legal requirements set by law to hold the positions for which they were nominated and they have not lost their capacity to hold their positions to justify the recommendations of
They say IIEC has no legal mandated to act on their nominations without the intervention of the political parties proposing their nominations. They say the action have no factual or legal justification and is in bad faith.
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