By Alloys Musyoka
The Independent Electoral and Boundaries Commission might be facing a new contempt of court after going against Kwale high court directive on nominations.
Last week IEBC was directed by the court to gazzette several MCAs in compliance with a high court judgement that quashed the previous embattled MCAs led by Mulki Abdillahi to be replaced by Bakari Mwakilesho.
Instead IEBC on 18 September 2026 gazzetted Agness Otieno a UDA member instead of ODM Bakari Mwakilesho.
The proposed direct orders demanded that the IEBC execute the following immediate changes to the gazetted Members of the County Assembly (MCAs)
:Marginalised Seat: Delete Josephine Wairimu and insert Mary Kalinga.Gender
Top-Up (Women): Delete Racheal Katumbi and insert Mwanauba Mwaphatsa.
Youth Seat: Delete Fartum Mohamed and insert Zawadi Jackson.
People Living with Disability (PWD): Delete Mulki Abdillahi and insert Bakari Mwakilisho.
UDA Party Replacement: Nominate one candidate from the United Democratic Alliance (UDA) party to formally replace Augustine Ndegwa Munga.
The showdown intensified in Kwale last week as successful decree holders from Kwale County launched a decisive bid to compel the Independent Electoral and Boundaries Commission (IEBC) to enforce a long-delayed court judgment regarding nominated seats in the Kwale County Assembly.
In formal prayers presented before the High Court, the legal representative for the Kwale residents and voters—who are the beneficiaries of a landmark September 14, 2023 judgment—urged the court to issue direct, uncompromising orders to end what they termed as “deliberate non-compliance” by the electoral body.
Sweeping Replacements Demanded the applicants sought an immediate shake-up of the Kwale County Assembly’s nominated slots to reflect the original 2022 General Election party lists.
Millions in Public Funds at Stake
Beyond structural changes, the applicants threw a spotlight on the staggering financial footprint of the protracted legal battle.
The court was asked to enforce an overdue payment of Ksh 500,000 in court costs originally awarded in September 2023.
Furthermore, the legal team raised a critical issue regarding the penalisation of the IEBC following a contempt of court judgment delivered on August 20, 2026.
The court was pressed to factor in massive sums of public money enjoyed by the five ousted MCAs while they occupied the seats without valid conservatory or stay orders.
According to financial evidence submitted to the court, including a payslip from ousted MCA Hon. Mulki Abdillahi, the five individuals drew hefty public benefits for months, including:Monthly salaries of Ksh 450,000 each.
A Ksh 2 million car grant per person.A Ksh 3 million mortgage facility per person.
An annual international trip allowance valued at Ksh 300,000 each.
Broken Down by Timelines the petitioner argued that the contempt calculations must penalise the IEBC by strictly accounting for the specific windows where the ousted MCAs unlawfully held office :An 11-month period where all five ousted MCAs enjoyed full salaries and perks without any active stay orders.
An 8-month period specifically for Mulki Abdillahi, whose conservatory orders were quashed by the court on January 20, 2026.
A 5-month period for the remaining four MCAs, whose protective legal shields were quashed at the Milimani High Court in Nairobi on April 29, 2026
The applicants maintained that issuing direct replacement orders and heavily penalising the IEBC for contempt is the only remaining avenue to finally serve justice to the rightful nominees and the voters of Kwale County.
