Clearing way for People’s Assemblies as good as vacating office, AG tells MCAs

NAIROBI, Kenya, Dec 7 – Attorney General Githu Muigai says County Assemblies that have passed the National Super Alliance motion on People’s Assemblies risk their own election and revenue allocations.

Muigai says by passing the motion, the Assemblies have in effect handed the power awarded to them by the electorate back to the people.

“By establishing People’s Assemblies, the respective County Assemblies may be deemed to have rescinded their elected representative roles, as they have handed back to the people their sovereignty as initially delegated through Article 1(3). Members of the said County Assemblies may be construed to have vacated their seats, and the attendant consequences thereof.”

By passing the motion, Muigai says the MCAs also risk any chance at re-election as they could be cited for being unfit to hold office for misdirecting public resources.

“County Governments and individual County Assembly members enacting illegal, unconstitutional motions of this nature also stand the risk of the stoppage of funds to counties in line with section 93 of the Public Finance Management Act for serious and material breach of the constitution,” Muigai stated.

On top of which he says the Assemblies could be found to have acted in contempt of court given the injunction placed on the motion by the High Court in Kitui.

“The Deputy Registrar issued an interim conservatory order pending inter-partes hearing on 25th January 2018 restraining the County Assemblies from constituting a special college for the appointment or election of members, delegation and observers to the People’s Assembly or in any way participating in the People’s Assembly implementing the motions tabled and moved before the County Assemblies in any way changing the constitution without complying with Article 257 of the Constitution.”

So far 12 counties have passed the motion on the People’s Assemblies through which NASA hopes to institute electoral reforms.

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