Nakuru Human Rights Defenders have petitioned the Senate to limit the time nominated Members of County Assembly (MCAs) to one term of leadership.

In their petition, Carolyne Soi, Maryann Wangui and Laban Omusundi submit that the renomination of MCAs subverts the constitution.

The three want the Senate to enact legislation that would impose a strict one-term limit for all nominated MCAs, with no exceptions or transitional loopholes.

They also urge the house to make recommendations or grant other reliefs that would help ensure the rule of law and constitutionalism are upheld.

The three argue that although nominations were created to give opportunities to the marginalised groups and communities, the same have been turned into political rewards and patronage.

“Article 56 obligates the government to put in place affirmative action to ensure the minorities and marginalised groups get special opportunities in political representation,” they depose.

They note that the constitution established the party-list nominations as a mechanism to correct historical exclusion and expand representation, and not to entrench privilege.

Further, they depose that the nomination trends had turned into a scheme that had converted nomination slots into a closed political system, favoring a few individuals. 

“There has been continued recycling of the same individuals through nomination, illegally converting public positions into personal property,” they claim.

They submit that the closed nominations had locked out thousands of deserving Kenyans, including the young, women, and people with disabilities.

Further, they add that the current nomination trends defeat the purpose of affirmative action and erode the public confidence in democratic institutions.

The three insist that the absence of an express statutory term limit for nominated MCAs has created a dangerous legislative vacuum.

“The vacuum is now being exploited by political cartels to capture and privatize constitutional opportunities, defeating its intended purpose,” they state.

According to the Nakuru residents, the elective offices such as the President, Governors, and other positions are subject to term limits to prevent entrenchment of power.

They state that it is legally irrational and constitutionally inconsistent to allow nominated positions, designed for inclusion, to become lifetime entitlements.

“Unless the Senate intervenes urgently, nomination slots risk being permanently captured by a small, self-serving political cartel, who would use it as a tool of exclusion and injustice,” they aver.

The petition has been received by the Senate, awaiting tabling and directions.

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