The Machakos County Assembly today began debating a Motion seeking to oust governor Alfred Mutua and have Speaker Florence Mwangangi assume executive powers in an acting capacity.
Ekalakala MCA, Stephen Mwanthi who tabled the Motion argued the assembly had not received any notice of appeal by Dr Mutua at the Supreme Court to challenge the verdict issued last week by the court of appeal nullifying his election as governor.
"The intention of this Motion is to discuss the the status of Machakos County, following the nullification of the election of Governor Alfred Mutua by the court of appeal," said Mwanthi.
Invoking Article 182 (4) of the constitution, the MCA said the assembly had not been served with any orders or notice of appeal to the Supreme Court where the county boss moved to challenge the decision of the court of appeal.
"In this view we are seeking to have the Speaker take over since this House has not been served accordingly. This will ensure there's no vacuum in the leadership of this county," he said.
A heated debate ensued in the assembly where MCAs allied to Mutua led by Mwala MCA Brian Kisila fiercely opposed the Motion. "It will be untimely to debate such a Motion because it is clear and obvious that the governor has not yet exhausted all his avenues of appeal," he said.
And the Speaker Mwangangi said: "This matter raises very serious legal and constitutional issues which require proper interpretation of the law. As such, I take it upon myself to consult on its implication and communicate on the matter as soon as possible."
But Dr Mutua's lawyer, Wilfred Nyamu dismissed the Motion, terming it premature and unnecessary.
"The current situation is that the Independent Electoral and Boundaries Commission (IEBC) has not even been served with the order of the court. For the assembly to discuss this issue, it is tantamount to occasioning a coup," said Nyamu who is a constitutional lawyer.
According to Nyamu, the governor is in office until writs are issued and seat declared vacant if he doesn't obtain orders staying the judgment of the court.
But addressing the press after the house session, the Motion mover insisted governor Mutua was obliged to furnish the assembly with any legal action he takes with regard to the ongoing development.