The High Court in Eldoret has ordered the Independent Electoral and Boundaries Commission (IEBC) to issue a gazette notice on the nomination of Evans Kipruto Kapkea as Uasin Gishu Deputy Governor within seven days.
Justice Reuben Nyakundi wants IEBC Chief Executive Officer (CEO) Marjan Hussein Marjan to issue the notice recognising Kapkea following his nomination and successful vetting by the County Assembly to replace former Deputy Governor John Barorot who quit in August.
“A declaration be and is hereby made that in absence of the duly constituted IEBC in terms of Article 88 of the Constitution, the CEO Mr Marjan Hussein Marjan do issue a gazette notice in the name of Evans Kipruto Kapkea as the nominated/appointed Deputy Governor for the County Government of Uasin Gishu with effect from the date of his vetting by the County Assembly within seven days of being served by the Deputy Registrar of the High court with this order,” ordered the court.
Justice Nyakundi also directed the Commission’s CEO to initiate the instruments to the government printer for Kapkea’s name to be formally entered in the official Kenya gazette notice as the newly nominated deputy governor.
The Judge said that in the event Marjan fails to honour the court order, Governor Jonathan Bii, as the appointing authority will be at liberty to initiate instruments of gazettement to government printers of the nominee to pave way for his swearing-in and assumption of office with immediate effect.
The court noted that the county residents suffered a violation of their rights of representation given the absence of a substantive deputy governor since Barorot’s exit.
Justice Nyakundi further pointed out that the county government and the assembly complied with the law in the nomination and vetting of Kapkea.
The county had filed a petition seeking to compel the commission to gazette Kapkea as the duly nominated deputy governor of the county.
On August 21, Governor Bii nominated the 34-year-old Tembelio ward MCA to replace Barorot who quit after landing a CEO job at an international ICT firm.
On September 12, 2024 the county assembly approved Kapkea’s nomination following vetting where he was found to have integrity and requisite abilities, academic qualifications and professional experience.
