Court quashes removal of 12 MCAs from Assembly Committees

The High Court has quashed the removal of 12 members of the county assembly as chairpersons of various committees.

Kerugoya High Court Judge Lucy Gitari termed their removal four months ago unprocedural and one that undermined the fundamental rights of the affected representatives.

Gitari said that at the time the 12 were removed, Speaker David Wachira Githanda had already resigned.

The judge ruled that with the speaker's position having fallen vacant, no business could be transacted, rendering the removal of the MCAs null and void.

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“Since there was no speaker of the county assembly to preside (over) the said removal of the petitioners after he (speaker) tendered his resignation on July 31, no assembly business could have taken place in a vacuum,” Justice Gitari ruled.

Through lawyer Paul Nyamodi, the respondents had argued that the Majority Leader Kamau Murango had the right to organise the House in whatever manner he deemed fit for the purpose of its smooth running.

They also argued that the Mr Murango had the powers to whip or de-whip whenever necessary in order to consolidate power for the purposes of passing Bills and motions since the 12 had formed a group that kept on opposing instead of over-sighting.

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But immediately after the ruling, Murango declared his team would now exploit the loopholes the court had pointed out to dislodge the 12 MCAs.

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Murango, who was accompanied by a handful of his colleagues, vowed to ensure the 12 did not chair any of the crucial assembly committees.

Githanda served for about one year before he resigned on personal reasons.

The assembly is yet to elect a substantive speaker.

Kariti Ward MCA Joel Wagura is the acting speaker.

The Assembly has 20 elected and 13 nominated MCAs.

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High CourtJudge Lucy GitariKerugoya High Court