The Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer, Marjan Hussein Marjan, has been given seven days to gazette Evans Kapkea as the newly appointed Deputy Governor of Uasin Gishu County.
This follows an order issued by Eldoret High Court Presiding Judge, Justice Reuben Nyakundi.
In his ruling, Justice Nyakundi directed the IEBC CEO to issue the gazette notice within seven days of receiving the court order, citing that the absence of a fully constituted IEBC, as per Article 88 of the Constitution, does not hinder the CEO from executing the mandate.
He stated that both the Governor of Uasin Gishu County and the County Assembly had complied with all legal procedures concerning the nomination and vetting of Evans Kipruto Kapkea for the role of Deputy Governor.
“An order of mandamus is hereby issued, directing the respondent administrative unit, headed by the CEO, to initiate the necessary steps with the Government Printer to officially publish the name of Evans Kapkea in the Kenya Gazette as the newly nominated Deputy Governor of Uasin Gishu County, effective from the date of his vetting by the county assembly,” ruled the judge.
The court ruling came after the County Government filed a petition seeking to compel the IEBC Secretariat or its CEO to gazette Kapkea following his nomination by Governor Jonathan Bii and approval by the County Assembly.
Kapkea, a former Member of the County Assembly for Tembelio Ward, was nominated on August 21, 2024, following the resignation of the former Deputy Governor, Eng. John Barorot.
Justice Nyakundi ruled in favour of the petition on October 14, 2024, after the County Government, through its Solicitor B.K. Bulbul sought judicial intervention.
The judge emphasized that the court had jurisdiction over the matter, noting that the petitioners had successfully demonstrated that the rights of Uasin Gishu residents—regarding representation, equality, freedom, and democracy—had been violated.
The judge also affirmed that Governor Bii, as the appointing authority, had the liberty to proceed with Kapkea’s gazettement and swearing-in if the IEBC defaulted on the court’s order. Efforts by the IEBC to seek a stay on the ruling were rejected by the court.
In response, Governor Bii praised the court’s decision, describing it as a victory for devolution.
He expressed hope that the IEBC would fulfil its mandate promptly, allowing the county government to fully execute its duties to the people of Uasin Gishu County.
