Now Deputy Speaker position in counties declared constitutional

The position of deputy speaker at the Nyeri County assembly is constitutional, the High Court has said.

In a ruling made yesterday, Jairus Ngaa noted that Standing Order No 14, Article 178(2) b and Section 21 of the Election Act, explained how one could assume office as a deputy speaker.

Justice Ngaa ruled that it was not true that the Standing Orders created an office that did not exist.

“In a nut shell, I find the Order No 14 to be in tandem with the Constitution and the Election Act,” Ngaa said.

In June last year, a Nyeri resident, Amos Muthui Muchiri, argued in court that the deputy speaker position was unconstitutionally created, and that it was unknown in law.

He had gone to court seeking to have the position declared unconstitutional.

No merit

In the petition, Mr Muchiri noted that the Constitution only provided for the election of the Speaker of the assembly.

“Assembly sittings ought to be presided over by the Speaker and in his absence, an MCA,” Muchiri had said through lawyer Muhoho Gichimu.

He named the Assembly Speaker John Kaguchia, the clerk and Deputy Speaker Samuel Kariuki as respondents.

But yesterday, in his 18 pages judgement, Ngaa declared the office constitutional and its holder validly elected.

“The remuneration and other fringe benefits attached to that office are catered for by the Salaries and Remuneration Commission in a gazette notice No 6518 of July 2017,” said Ngaa.

Ultimately, the judge said he did not see any merit in Muchiri's petition and therefore dismissed it.

While dismissing it, he said the petition could not be supported legally in any way whatsoever.

All parties were ordered to bear their legal costs.