A man nominated to the county assembly but who was instead appointed as a women's representative was not allowed to take his oath of office at the Kilifi county assembly hall in Malindi yesterday.
County Speaker Jimmy Kahindi said he could not swear in the "man" in the "women" list until the matter is cleared by the IEBC as it could raise serious legal implications in the future.
The man Lali Omar, was nominated by the ODM party. However, his name was mispelt to read Laliu Omar Sadi.
The name was published in the Kenya Gazette of July 17 in the Kilifi County gender top-up list. Lali/Laliu whose ID number is 9474789 was one of the nine ODM women appearing on the list which also had two nominees each from Chama Cha Uzalendo and Kadu-Asili and one from the Federal Party of Kenya (1) and Kadu-Asili (2).
“I cannot swear in Omar until the problem is resolved, I have received a letter from the IEBC in regards to the matter but is not sufficient as the other name submitted has not yet been gazetted,’’ Kahindi said.
Kahindi said the IEBC letter indicated that the anomaly had been rectified, but he advised the nominee that he could only be sworn in after a gazette notice.
"I am a lawyer and I follow the law to the letter. The nominee brought a letter from the IEBC, but you know letter can come from anywhere. The only notice that is legal is the gazette notice," he said in a telephone interview.
He said the candidate approached him the day before the swearing in so as to avoid unnecessary arguments and to clear the matter ahead of the swearing in ceremony.
Contacted for comment, IEBC senior communications officer Andrew Limo said he would check with their record before he could comment on the matter.
Despite this gender anomaly, former Malindi County council chairman Anderson Kingi Ngombo was sworn into office despite the protests of the minority Watta community who said his nomination was unjustified as he was a Giriama which had wide representation in the assembly.
Ngombo,who was nominated to represent the interests of the marginalized left the council in a convoy of vehicles as he and his supporters drove to his Mjanaheri home to celebrate.
Others sworn in were two women to represent the interests of the physically challenged. They and 12 other women were nominated to meet the one-third gender rule as only two women were elected to the assembly.
Those sworn in were Gibson Matano Herbert, Patience M Mwangiri, Grace Kwekwe Mwangome, Anderson Ngombo, Asha Chiku Wanje, Nashee Nana Mohamed, Elisabeth Muthoka, and Sophy Burns Chokwe.
Others were Elisabeth Tabu Ngala, Jane Bahati Mwaro, Selina Khadija Salim, Grace Mbodza Chihanga, Priscilla Zawadi Kitsao, Esther Dzidza Albert, Tecla Naomi Muye, Arafa Salim Baya and Barke Mohamed.
Baya is an environmentalist while Barke is a former nominated councilor.
Ngombo took the show as he left the council in a convoy of vehicles with supporters to his Mjanaheri home for celebrations.
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