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Court bars 49 speakers from declaring seats vacant

This is the second win in weeks after the Court of Appeal recently ruled that MCAs wishing to contest for higher positions need not resign before their terms are over.

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Nakuru Law courts.PHOT0/Courtesy.

A Nakuru High Court has barred 49 speakers from declaring seats vacant.

Justice Joel Ngugi in his ruling on Friday, barred speakers of the Senate, the National Assembly and the 47 county Assemblies from taking action against elected leaders who resigned from their original parties to other parties.

The ruling has been welcomed by Kabazi MCA Dr Peter Mbae who was also the petitioner.

“I welcome the ruling this morning by Hon. Judge Prof. Joel Ngugi barring the Speakers of the Senate, the National Assembly and the 47 County Assemblies from declaring seats vacant that are held by members who resign from their original parties to other parties.It is the most progressive interpretation of the Constitution and other laws against the Jubilee officials who wanted to use the law selectively to punish us for exercising our rights to move to other parties” stated Mbae.

Mbae who was elected on Jubilee ticket in 2017 but decamped to UDA, petitioned the courts on 25th February in consultation with, on behalf of and with support from all elected Senators, MPs and MCAs moving to UDA.

Justice Ngugi also dismissed the Preliminary Objection by Nakuru County Assembly Speaker Joel Maina Kairu who is the First Respondent in the case.

The Attorney General was  listed as the other Respondent while the Registrar of Political Parties, IEBC and the Speakers of the Senate, National Assembly and the other 46 County Assemblies were listed as Interested Parties.

The judge also certified the case as one raising a substantial question of law in terms of Article 165(4) of the Constitution and referred it to the Chief Justice to assign an uneven number of Judges to hear and determine it.

“We all loved Jubilee and hoped to live happily thereafter, but they decided to kill it to deny us a party to run on in 2022 and I don’t know why again they feel offended when we move to our new UDA home” added Mbae.

According to him, the judge has affirmed that constituents have a right to representation to the last day hence a right to choose party of choice for the next general elections.

This is the second win in weeks after the Court of Appeal recently ruled that MCAs wishing to contest for higher positions need not resign before their terms are over.

 

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Atheists fault petition seeking to deregister society

Atheists in Kenya have protested a petition that they say seeks to create a notion that Kenya is a nation by and for believers in God only.

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President of the Atheists in Kenya Society, Harrison Mumia

Atheists in Kenya have protested a petition that they say seeks to create a notion that Kenya is a nation by and for believers in God only.

Former Juja MP, Dr Stephen Ndichu has moved to court seeking to have the Atheists in Kenya Society suspended on grounds that its continued existence is unconstitutional.

In a statement, the society’s president, Harrison Mumia says the petition is an assault on religious freedom and an insult to the diversity of the Kenyan people.

“We find the petition repugnant to a good conscience,” he stated adding that Dr Ndichu is a Christian fundamentalist who seems to harbour paranoid fantasies about the dangers of atheists existing in Kenya.

He further accused Dr Ndichu of seeing enemies where there is none and that the society was surprised, but not shocked as religion has historically inhibited progress.

He vowed that the society would do everything within its power to defend its right to remain a registered society and urged Kenyans to support fighting the petition.

On Sunday, the society said it will be writing to President William Ruto seeking an invitation to State House, just like the evangelical denominations.

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Uhuru Gardens ready for Madaraka Day fete, says PS Kibicho

The principal secretary said they would be visiting the gardens every Thursday until June 1 to ensure all loose ends are tied up properly, promising that the celebrations will be very colourful.

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Madaraka Day

This year’s national Madaraka Day celebrations at Uhuru Gardens in Nairobi County will be open to 30,000 people, up from 10,000 in 2021.

Permanent Secretary in the State Department for Interior, Dr Karanja Kibicho, said this follows the relaxation of COVID-19 containment measures.

“Children will also be allowed in on the celebrations this year, and we expect county celebrations to happen too,” the PS said while on an inspection tour of the venue.

The PS said the government decided to move the celebrations from the County rotational back to Nairobi because it will be the last event for the current administration before it exits office.

“Because of the significance of this particular Madaraka day, being the last for this regime, we decided to celebrate it at Uhuru Gardens to break the tradition of celebrating it in counties,”

He revealed that preparations were currently at 90 percent complete and expressed confidence that all will be set for the event as the country marks 59 years of self rule.

The principal secretary said they would be visiting the gardens every Thursday until June 1 to ensure all loose ends are tied up properly, promising that the celebrations will be very colourful.

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Queen Elizabeth mourns Kibaki as a great Statesman with commendable legacy

Kibaki will be buried at his home in Othaya, Nyeri County on Saturday.

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Queen Elizabeth II has mourned former President the late Mwai Kibaki eulogizing him as “a great statesman”.

“I was sorry to receive the news of the death of Mwai Kibaki. He had a lifelong record of service to the Kenyan people. It will be of deep sadness to your country to have lost a great statesman, but Kenya can take pride in the legacy of his leadership. I send you and the people of Kenya my condolences at this loss,” the message read.

The British High Commission further affirmed its close ties to Kenya and renewed its assurances to the country’s Ministry of Foreign Affairs.

“The British High Commission avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Kenya the assurances of its highest consideration,” the High Commission said.

The late Kibaki passed away on 21 April 2022, aged 90.

President Uhuru, who issued a proclamation that he would be granted a state funeral with full civilian and military honours, announced his death.

Kibaki will be buried at his home in Othaya, Nyeri County on Saturday.

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