The Kisumu High Court has restored voting privileges to nominated members of the Kisii County Assembly, overturning recent amendments that barred them from participating in legislative processes.
The ruling comes after 15 nominated county assembly members challenged provisions that restricted their ability to vote, introduce bills, or move motions. The amendments, which classified only elected representatives as eligible voters, faced criticism for being discriminatory and unconstitutional.
Judge Fred Ochieng's decision emphasized equal treatment, stating that sidelining nominated MCAs reduced them to ceremonial roles despite laws affecting all residents. The court issued a conservatory order to preserve their rights during ongoing legal proceedings.
The affected leaders argued the amendments forced them to seek approval from elected counterparts before addressing issues, effectively silencing their voices. They also raised concerns about equitable treatment in salary structures, staffing, and office allocations.
Legal representative Otiende Amollo asserted that all MCAs, regardless of appointment method, must be treated equally under the law. The court's intervention ensures nominated members can now fully participate in assembly functions.
