The high court on Wednesday ordered the Independent Electoral and Boundaries Commission (IEBC) to appoint and gazette a returning officer for Meru County to clear Linda Gakii Kiome as Deputy Governor nominee.
Justice Stephen Githinji ruled that IEBC Chief Executive Officer Marjan Hussein Marjan must carry out the directive within seven days.
However, If the commission fails to comply, the court stated that Ms Kiome will automatically be deemed cleared, allowing the Meru County Assembly to resume and conclude her vetting and approval process.
Governor Mutuma M’Ethingia nominated Kiome to serve as his deputy following his ascension to the county’s top seat after the impeachment of former Governor Kawira Mwangaza.
Her approval process stalled after the IEBC failed to confirm her eligibility, including her compliance with Chapter Six of the Constitution on leadership and integrity.
In his judgment, Justice Githinji noted that the nomination of Kiome satisfied all legal and constitutional requirements, and faulted IEBC for unlawfully hindering the process.
“The court cannot stand by in the face of clear injustice. Article 23 of the Constitution empowers this court to provide effective remedies to uphold fundamental rights and freedoms,” the judge emphasized.
