Nominated member of Nyamira county assembly Damaris Mouni has moved to court to restrain the county assembly clerk and speaker from swearing into office Irene Mokaya in her place.
Miss Mouni, a former teacher, through her lawyer Mr.Gideon Nyambati, claims that her party illegally removed from the list of nominated MCAs in the gender top up even after being sworn in.
Miss Mouni who took oath of office on 7th September in the county assembly on the gender top up category through the Orange Democratic Movement party .
Miss Mouni the court to stop the Nyamira assembly Clerk Mr. Daniel Orina and the speaker Mr. Moffat Teya from swearing Irene Mayaka from taking an oath of office.
She notes that, the respondent- Irene Mayaka, is not a registered voter in Nyamira county and therefore depriving her right of nomination in Nyamira.
Ms.Irene,is a voter in Kisumu County.
“Once a person is sworn in ,the only remedy is for an election petition and not de-gazattement “, Nyambati who is her lawyer said.
Separately, in her support youths in Nyamira staged demonstrations demanding that Miss Mouni’s nomination be reinstated.
Led by Kepha Ongeri, they said that the move could affect the performance of ODM and NASA a head of the 17th presidential election repeat.
They have however urged ODM party leader Raila Odinga to intervene. Hinting that some politicians who lost in the August polls were working against Ms Mouni’s nomination.
“I want to urge our party leader to watch out political losers are working hard to frustrate others. Let him intervene on this matter before its effects are felt on 17th next month”, said Kepha.
The hearing of the case has been set on September 28th 2017.