Kiambu MCAs and CECs have approached the Supreme Court seeking an advisory opinion on Kiambu governor Ferdinard Waititu's suspension from office.
The politician was barred from accessing his office in July following corruption charges over irregular award of tenders worth Sh588 million.
He was also prohibited from performing functions as a county boss pending the determination of his trial before the anti-corruption court.
The legislators on Tuesday through their lawyer Wilfred Nyamu said Waititu's suspension from his office has had grand negative impact on the county.
"The continued barring of the elected governor of Kiambu from accessing his office for a number of months has made it impractical to perform his duties which entail a key role in the management and operations of the affairs of the county government," read the court papers presented by Nyamu.
The legislators argued that the continuous involuntary absence of the governor has affected the passing of motions and legislation by the County Assembly of Kiambu.
The Governor assents to all Bills passed by the County Assembly.
The county assembly currently discusses bills and motions but they cannot forward them for onward assent.
"The operations are now on the verge of total collapse and complete paralysis,” Nyamu said.
Sports and Youth CEC Karung'o wa Thang'wa in a phone call interview with the Star said the CECs are accountable to the governor.
"We are also seeking to understand who we are accountable to. We are not properly constituted, " Thang'wa said.
According to Nyamu , the county public service board has only two members instead of the required seven members as the term of the previous board members expired.
The governor is the one mandated to nominate and appoint their replacement under the Constitution.
“This has created unprecedented adverse challenges as the board cannot meet owing to lack of requisite quorum. That as long as the governor stays out of office, there cannot be recruitment or renewal of contracts in respect of county staff,” Nyamu said.
Kiambu Deputy Governor James Nyoro on September 25 was barred from appointing, reshuffling or interfering with the composition of the county government's executive committee.
Employment and Labour relations Judge Onesmus Makau said Nyoro should not violate provisions of Section 32 of the County Government Act pending the hearing of a case filed by a Kiambu resident.
The Petitioner, Marion Njoroge filed a petition against Nyoro claiming he is acting in violation of his powers.
Njoroge filed the suit claiming Nyoro in the past few weeks has been violating article 179 (5) by exercising powers only limited to the governor.
"The first Respondent (Kiambu Deputy Governor) is basically acting in clear violation of his powers and the abuse amounts to an abuse of his office as the deputy governor," reads the petition.
