The case as per statements by the Petitioners dated 26th June 2023 and supporting affidavit to application.
6.The Petitioners are residents of the Nambuya area in the Tamulega Location, Malakisi Division in Bungoma West District(FMW Ia, Ib,1c & 1d) and filed the instant petition to challenge what they termed as the unconstitutional appointment of the chief for Tamulega Location and the Assistant Chief Nambuya Sub-location by the 2nd Respondent and his panel, who failed, ignored or refused to heed to all the information provided by the members of the public on the suitability of the selected candidates to act as Chief and Assistant chief.
7.The Petitioners stated that the candidates so selected as Chief(3rd Respondent)and Assistant Chief (4th Respondent) come from the same Tribe and clan and are Blood-related by virtue of being brothers; from the Komolo Clan, Iteso tribe thus offending the laws of Kenya.
8.That the said 2nd Respondent and his panel disregarded the law on gender balance, regional balance, inclusivity, fairness, promptness, and use of public participation in arriving at the appointment of the 3rd and 4th respondent.
9.The Petitioners argue that the 2nd Respondent in disregard to gender equality appointed men only from the Iteso Group when the Area is comprised of Bukusu, Sabaoti, and Iteso Habitants offending the Constitution.
10.That the Petitioners supplied information relating to the unsuitability of the 3rd and 4th Respondents based on their blood relations through the Assistant County Commissioner, Malakisi Division, and requested the 3rd and 4th Respondents to submit their response regarding the Petitioners’ information, but the same was ignored or shelved necessitating the Petitioners to come to court(FMW 4(a) and 4(b).
11.The Petitioners state that the 3rd Respondent, who is the Chief of Tamulega Location, Evans Okarikodi Emukule, is a son of Luke Emukule Opagala while the 4th Respondent, the Assistant Chief of Nambuya in Tamulega Location, Nelson Opili Okisai was the son of John Okisai Opagala, both whom are sons of the Late Joram Opagala.
12.The Petitioners state that the Bungoma West Deputy County Commissioner and his panelists are rife with offending the law as they recently canceled and re-advertised the position of Assistant Chief of Tamulega Sub-Location whom the Petitioners state was a son of an immediate retired Assistant Chief, the same having being necessitated by public outcry. The Petitioners stated that the said positions have never been filled since January 2022 when the same fell vacant.(FMW 2a, 2b, 3a & 3b)
13.The Petitioner seeks for the Court to revoke or cancel the appointment of the chief for Tamulega (3rd Respondent) and that of the Assistant Chief for Nambuya sub-location (4th Respondent) and the entire decision of the Deputy County Commissioner Bungoma West and his panel.
14.The Petitioners pray that the Court directs the 2nd Respondent to start afresh the process of selecting and employing the Chief and Assistant Chief by the law and under a newly constituted panel.