Fate of Kisii Mayoral Elections to Be Decided On Wednesday

Nairobi Star (Nairobi)

Amos Nyambane

18 July 2011

Kisii resident magistrate Valentine Wandera will on Wednesday make a ruling on whether the Kisii Municipal Council AGM and mayoral election will be held.

Last week, Wandera arrived at the decision after the hearing of a case in which deputy mayor Patrick Siro sued town clerk William Chepkwony, the local authority and the Ministry of Local Government as first, second and third respondents respectively.

In the case, Siro wants Chepkwony and a ministry official barred from holding the AGM arguing that it infringed his rights and that of mayor Samuel Nyangeso.

Through his lawyer Gideon Nyambati, Siro contends it is Nyangeso who is lawfully allowed to chair the meeting before new elections for mayor and chairmen of various committees.

Making his submissions Nyambati said Chepkwony made a mistake in convening the meeting on July 7 while the councillors set July 11 as the date for the AGM and elections. He said the clerk did not inform them about the meeting. Nyambati said the clerk contravened Section 77 of the Local Government Act Cap 265 which requires the mayor or his deputy to preside over the meeting or members present elect an interim chairman to preside over it. He argued that the rights of Siro and Nyangeso had been violated.

The council’s lawyer, Bosire Gichana, submitted that the clerk legally convened the meeting and gave notice to all parties within 24 hours, stressing that the councillors have no role in convening an AGM.

Gichana asked the court to order the clerk to issue a fresh notice for the AGM, adding that Siro’s application had been overtaken by events and should be dismissed. The lawyer argued that it was unnecessary to extent the orders since the AGM and the elections were held on July 11.

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