By Reporter
The Kwale High Court has delivered a major political blow to the local assembly after nullifying the selection of five nominated Members of the County Assembly (MCAs) due to gross illegalities and flaws in the selection processes used by political parties few months ago by ordering IEBC to gazette the new nominees by 25 September this year.
The Kwale high court also ordered IEBC to pay Sh500,000 as cost for the case.
Kwale county assembly Speaker Seth Kamanza and clerk Fatuma Mwalupa appeared before the court visibly shaken after being ordered to appear physical together with the nominated MCAs who were conspicuously absent.
The assembly told the court that once new names have been gazetted they will do the honor of swearing them in accordance to the law.
The high court had earlier ruled that the avenues used by the respective political parties to choose nominated MCAs were legally compromised, making their current seats unconstitutional.
The Mandate to VacateIn the decisive judgment, the High Court directed Kwale County Assembly Speaker, Seth Mwatela Kamanza, alongside the Assembly Clerk Fatuma Mwalupa, to take swift constitutional steps to officially declare the five contested seats vacant.
The explicit legal directive is intended to pave the way for the Independent Electoral and Boundaries Commission (IEBC) and the involved political parties to execute fresh, lawful nomination procedures.
However, despite the clear-cut court order, the implementation of the decision has sparked heavy backlash from the local community.
Residents Up in Arms Over Delayed Exits.
Public outrage has mounted across Kwale, with civil society and residents flocking to social media and local platforms to accuse the assembly leadership of stalling the process.
Local activists have claimed that the ousted MCAs are deliberately ignoring the court order by continuing to attend plenary sessions, participate in official committees, and draw salaries and perks funded by taxpayers.
“We are starved of essential services like clean water, and our public healthcare infrastructure is failing,” noted Ali Mwito, a disgruntled Kwale resident. “It is unacceptable that the county continues to exhaust public funds paying salaries and allowances to individuals whose nominations were declared null and void by a court of law.”
Speaker Denies “Shielding” Allegations Defending his administration against the accusations.
Speaker Seth Mwatela Kamanza vehemently has previously denied claims that he is actively protecting the ousted ward representatives or acting in defiance of judicial directives.
The Speaker clarified that while he holds total respect for the rule of law, the statutory power to formally terminate a lawmaker’s tenure or execute replacement protocols relies directly on coordination with the IEBC.
“We have not violated any laws,” Speaker Kamanza stated while addressing the unrest.
“The county assembly focuses strictly on its legislative, representative, and oversight roles. Once the administrative frameworks and external judicial procedures align, the assembly will fulfill its mandate accordingly.”
The spotlight remains firmly fixed on the Kwale County Assembly as civil groups vow to monitor the house proceedings until the five seats are entirely vacated and lawfully refilled
