National Gender and Equality Commission

NGEC wins landmark case on equality of MCAs

NGEC savoured a well-deserved victory in a protracted legal battle pitting the Commission and the County Assembly of Nakuru, in Petition No. 1 of 2019 after the High Court in Nakuru affirmed the equality of nominated members of county assemblies. The Commission had moved to court seeking the determination on a matter in which the Nakuru County Assembly passed a motion effectively de-whipping nominated members serving as Chairpersons and Vice Chairpersons in different committees.

The case also concerned a circular issued by the Salaries and Remunerations Commission (SRC) stating that nominated MCA’s do not have a defined constituency and therefore capped their mileage allowance to the standard mileage provision.

But in a landmark judgement delivered by Justice Joel Ngugi, the High Court declared nominated MCAs have equal opportunities, responsibilities and privileges just like their elected counterparts effectively quashing the decision of the County Assembly. “Nominated MCAs represent special interest groups especially the vulnerable, minority and historically marginalized groups such as women, youth, persons with disabilities and racial minorities”. read the judgement in part.

The judgement immediately sparked a wave of celebrations with a section of Nakuru county Assembly nominated MCAs hailing the judgement. Chairperson Dr. Joyce Mutinda described the judgement as setting a precedent saying she expected all county assemblies across the country to comply with the principles of equality and non-discrimination.


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