The Eldoret High Court directed the Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer, Marjan Hussein Marjan, to gazette Evans Kapkea as the newly appointed Deputy Governor of Uasin Gishu County. This decision underscores the court’s commitment to ensuring that local governance structures are maintained and that residents’ rights to representation are upheld.
Background of the Case
The case emerged after the County Government of Uasin Gishu filed a petition seeking to compel the IEBC to publish Kapkea’s name in the Kenya Gazette following his nomination by Governor Jonathan Bii. The petition was prompted by the resignation of the former Deputy Governor, Eng. John Barorot, which necessitated the swift appointment of a successor to ensure continuity in the county’s leadership.
Evans Kapkea, who had previously served as the Member of the County Assembly for Tembelio Ward, was nominated for the Deputy Governor role on August 21, 2024. Following his nomination, the County Assembly of Uasin Gishu conducted the necessary vetting process and approved his appointment, fulfilling the legal requirements for such appointments under Kenyan law. However, the gazettement process was stalled, prompting the County Government to seek judicial intervention.
The Court Ruling
Justice Reuben Nyakundi, presiding over the case, highlighted that the absence of a fully constituted IEBC, as outlined in Article 88 of the Constitution, should not impede the CEO’s ability to perform his duties. He issued an order of mandamus, directing Marjan to initiate the steps required to officially publish Kapkea’s name as the Deputy Governor in the Kenya Gazette within seven days. The court emphasized that both the Governor and the County Assembly had adhered to all necessary legal procedures concerning Kapkea’s nomination and vetting.
In his ruling, Justice Nyakundi underscored the importance of representation, equality, freedom, and democracy, noting that the rights of Uasin Gishu residents had been violated by the delay in the gazettement process. He expressed that the court had jurisdiction over the matter and reaffirmed that the appointing authority, in this case, Governor Bii, had the discretion to proceed with Kapkea’s gazettement and swearing-in should the IEBC fail to comply with the court’s order.
The judge’s decision was a clear assertion of the judiciary’s role in safeguarding democratic processes and ensuring that elected representatives fulfill their obligations to the public.
IEBC’s Response and Implications
Following the ruling, the IEBC sought to request a stay on the court’s decision, but this attempt was rejected by Justice Nyakundi. This refusal highlighted the court’s firm stance on the issue and indicated that the judiciary would not tolerate delays in implementing lawful appointments that affect the governance of local communities.
Governor Bii, in response to the court’s ruling, expressed his satisfaction with the decision, characterizing it as a victory for devolution and a step towards reinforcing democratic principles in Uasin Gishu County. He conveyed optimism that the IEBC would act promptly in fulfilling its mandate, thereby enabling the county government to fully execute its duties and responsibilities to the residents.
The ruling also raises broader implications regarding the functioning of the IEBC and its adherence to constitutional timelines in matters of local governance. As the agency responsible for overseeing elections and appointments at various levels of government, the IEBC must ensure that its processes are efficient and transparent to maintain public trust in electoral and governance systems.
The Importance of the Deputy Governor’s Role
The position of Deputy Governor is crucial in ensuring the effective functioning of the county government. The Deputy Governor often acts as a bridge between the executive and the legislative branches of local government, facilitating communication and collaboration on various initiatives. Moreover, the Deputy Governor is instrumental in representing the county in various forums and ensuring that the voices of the residents are heard in decision-making processes.
With the ongoing challenges faced by many county governments, including budget constraints and service delivery issues, having a fully constituted leadership team is essential for Uasin Gishu County. The swift appointment and gazettement of Evans Kapkea will enable the county government to enhance its governance framework and address the pressing needs of its constituents.
Looking Ahead
As the IEBC is mandated to comply with the court’s order, the next steps will be critical in determining how swiftly the county can move forward under Kapkea’s leadership. The gazettement is not merely a procedural formality; it signifies the restoration of leadership continuity and stability in Uasin Gishu County.
The case also serves as a reminder of the judiciary’s role in reinforcing accountability within government institutions. It demonstrates that the courts are prepared to intervene when there are perceived injustices or delays in fulfilling the rights of citizens.
In the coming days, attention will be on the IEBC to see whether it adheres to the court’s order within the stipulated timeframe. Failure to comply could lead to further legal action and increased scrutiny of the commission’s operations.
Conclusion
The court’s decision to order the gazettement of Evans Kapkea as Deputy Governor of Uasin Gishu County represents a significant victory for local governance and the rule of law. It reinforces the importance of timely appointments in maintaining effective leadership structures that serve the interests of citizens. As Uasin Gishu County prepares for a new chapter under Kapkea’s leadership, it is crucial for the IEBC and other governance bodies to prioritize efficiency and responsiveness to uphold the democratic principles enshrined in the Kenyan Constitution.
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