An activist has moved to court challenging the list of East Africa Legislative Assembly (EALA) representatives voted by Parliament on 17th November 2022.
Kau Quentin Mengo wants the court to issue conservatory orders restraining the clerks of the National Assembly and the Senate from forwarding the names to the speaker of EALA pending the hearing and determination of the application.
Through lawyer Danstan Omari, the applicant argues that four regions got eight EALA slots out of nine, leaving one slot to the North Eastern region – Garissa County and the entire region of Western region, Nyanza – Lake region and Eastern region with none thus a clear manifestation of exclusion.
Mengo added that Nairobi and Mombasa got to share four slots between themselves leaving out other regions.
“There can be no justification at all for allowing two counties, i.e Mombasa and Nairobi to share four slots between them, leaving out the entire Eastern region, Nyanza and as well as Western region,” the applicant said.
According to the applicant, the above failed to meet the national values and principles set out under the constitution.
“The election having been conducted and concluded, the speaker of the national assembly and the senate are enjoined to forward the elected representatives to the assembly and unless this court certify the instant application agent and issues conservatory orders against the two houses from forwarding the flawed list of representatives elected, the duo shall proceed to forward the same and subsequent swearing in conducted thus rendering the petition filed herewith nugatory,” Mengo stated.
The court heard that under the East African community Treaty the assembly has a membership compressing 9 members elected by each partner state,ex official members consisting of the minister or assistant ministers responsible for the East African Community Affairs from each partner state,the Secretary General and the Counsel to the community.
Kenya Kwanza members include, former nominated MP David Sankok, Hassan Omar, Rebecca Merikeju, Zipporah Karengi, Fredrick Muteti and Falhadha Iman
Azimio la Umoja members include Winnie Odinga, Suleiman Shabar, Timothy Bosire, Kennedy Kalonzo and Kanini Kega.
