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Politician Elizabeth Jebet who was nominated by ODM MCA in marginalized category. Photo Obegi Malack

Kajiado Speaker swears-in new ODM MCA, denies ignoring court orders

By Obegi Malack

@obegimalack

Kajiado North Constituency, Nkaimurunya Ward politician Elizabeth Jebet Kibor is now the Orange Democratic Movement (ODM) nominated Member of County Assembly in marginalized category.

Kibor was sworn-in by Speaker Johnson Osoi on Tuesday afternoon after assembly resumed from recess. She had successfully petitioned nomination of Sandra Mario.

The politician who has been in court for two years fighting for what she said is “Justice for the minority” was accompanied by her close confidants.

The swearing in happened in the midst of claims that a petition was planned to stop her from taking the oath.

Sandra Mario former ODM nominated MCA.Photo Obegi Malack.

ODM party secretary general Edwin Sifuna had written a complaint letter to Independent Electoral Commission (IEBC)  and the speaker indicating that the party was not aware of  gazetting of Kibor by IEBC.

IEBC had replied to Sifuna’s letter through Chairman Wafula Chebukati who said the particulars of the nominee to the assembly was forwarded by chair, NEC Sub-Committee for party lists, Ogla Karani who, he said, is on record as an official.

In her speech in the assembly Kibor thanked ODM party leader Raila Odinga for giving her the chance to serve people.

‘I thank my colleagues in the assembly for pushing for my nomination (chini ya maji) quietly and my friends out here who supported me and those who did not let us work as a team,” she said.

Nkaimurunya Ward MCA James Waisha welcomed the MCA in the assembly; he challenged her to defend the rights all the residents in the county.

Kajiado Speaker Johnson Osoi swearing in politician Elizabeth Jebet as ODM nominated MCA in marginalized category. Photo Obegi Malack

John Ogot from Nkaimurunya Ward where the new MCA hails from said the MCA has now a challenge of ensuring the minority communities have positions in government.

After the swearing-in outgoing MCA Sandra had threatened to take legal action against Osoi for swearing-in Kibor after allegedly ignoring a court order. She alleged the speaker was aware the assembly deputy clerk refused to receive the orders.

Court orders seen by County Press indicated Isaac Oseur and former Rongai ODM aspirant Arnold Ochieng as petitioners against the nomination of Kibor. The ODM party, IEBC, Wafula Chebukati and speaker Osoi are defendants.Kibor was listed as interested party.

The orders signed on May 7, 2019 said in part “It is ordered that the 4th respondent (Speaker) is hereby restrained from swearing in and/or administering an oath declaring the interested party, herein Kibor as the special seat member of the Kajiado County Assembly. It was issued by Senior Principal Magistrate M. Kasera  and the inter parties hearing was fixed for May 23.

In an interview with this County Press the speaker denied ignoring the court order, he said he heard about it after the swearing-in had happened. He said he was in a meeting in the morning and had arrived in the afternoon for the assembly session.

“I followed the law, I did not receive any court order, if there were any instructions from the courts, they had been overtaken by events, said Osoi. He noted that they will come up with conditions to ensure loans taken by the former MCA are paid.

On Wednesday evening Sandra shared court documents indicating that the swearing  was to be suspended, the documents  issued summons to speaker Osoi,deputy clerk of the county Kipambi Ntele to appear in court on contempt of orders of court issued 7th May 2019.

Part of the order read ‘That this Honourable Court be pleased to punish the 4th respondent and the deputy clerk of the Kajiado County Assembly ,Kipambe Ntele by themselves by convicting them for contempt of court orders of 7th May 2019 or however  and impose a jail term against the 4th respondent Johnson Osoi and the Deputy Clerk of the Kajiado County Assembly ,Kipambe Ntele for disobeying the said court orders.”

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