Machakos Governor Alfred Mutua’s Maendeleo Chap Chap party has moved to court seeking to challenge the creation of the "people’s assembly".
The party through lawyer Alfred Nyamu yesterday filed an application at Milimani Law Courts, claiming the establishment of the assemblies have no legal basis.
“The purported establishment of people’s assembly by the respondents have no legal basis in law, it amounts to contravention of Article 1 (3) of the Constitution hence not only illegal, but also null and void,” said Mr Nyamu
They added that acts used to form the assemblies were not authorised by the Constitution.
Secretary General of Maendeleo Chap Chap Party Stephen Kilonzo in an affidavit filed in court, claims the 16 county assemblies acted in excess of their powers and mandate under Article 185 of the Constitution.
Mr Kilonzo says those behind the process of passing resolutions establishing the assemblies failed and neglected to facilitate public participation as provided under Articles 10 and 196 of the Constitution.
Kilonzo says a people’s assembly cannot exist hand-in-hand with a county assembly established under Article 176 of the Constitution.
He adds that any MCA who voted in support of the motion to establish a people’s assembly be declared to have forfeited their elected/nominated status and/or mandate to represent the electorate.
He also seeks court order directing Independent Electoral and Boundaries Commission (IEBC) to call fresh elections in the affected wards of those elected leaders who voted for the people’s assembly.