- Senators have faulted a court decision that suspended the operations of Uasin Gishu county assembly on ground that it is not properly constituted.
- Led by Majority Whip Boni Khalwale, the lawmakers warned that the decision risks grounding the county government
Image: KNA
Senators have faulted a court decision that suspended the operations of Uasin Gishu county assembly on grounds that it is not properly constituted.
Led by Majority Whip Boni Khalwale, the lawmakers warned that the decision risks grounding the county government.
They said the order could cripple the delivery of services to residents.
“County assemblies are an integral part of our democratic governance system and play a crucial role in representing the interests of the people,” Khalwale said.
On Wednesday, High Court judge Wananda Anuro, sitting in Eldoret, ordered that the sittings and operations of the assembly be suspended pending further directions from the court.
"An order is hereby issued suspending all official sittings/meetings, deliberations by members of the county assembly of Uasin Gishu pending the hearing and determination of this application," said part of justice Wananda's order to the assembly.
The court ordered that the assembly be served with the order and the matter be mentioned on October 18, 2023, for further directions.
The case was filed by human rights activist Kimutai Kirui on behalf of the public.
But the senators faulted the order as not reasoned and one meant to deny the residents of Uasin Gishu services.
“I beg to argue that, by dint of Section 7A (2) and Section 14 of the County Governments Act, the County Assembly is duly constituted.”
“…. and that such a suspension unnecessarily disrupts the normal functioning of the County Assembly, hinders the legislative process and ultimately affects the delivery of services to the people of Uasin Gishu County, Khalwale said.
Tana River Senator Danson Mungatana termed the order as ridiculous and persuaded the county assembly to ignore it.
“When court starts issuing orders such as this, maybe it is time parliaments should disregard these orders and just show them contempt. That is the contempt they are showing us as the representatives of the people,” he said.
The lawmaker said it was unlawful for the court to injunct the people’s representative from discharging their mandates
“MCAs sit to make decision for the entire country. A lot of things are going to stop because of a court order. How can a court order injunct the work of an elected representative?” he posed.
Kirui in his petition argues that the assembly shall not be fully and dully constituted for the first sittings after a general election unless all the members required under the constitution have been fully nominated and their names published in the gazettte.
He said the county assembly of Uasin Gishu falls short of the required membership because the women and marginalised are not adequately represented.
Kirui said the county assembly of Uasin Gishu was not properly constituted since it does not meet the requirements set forth under the constitution and therefore all its sittings, business transacted and decisions made are null and void.
He further argued that the election of 10 members had been challenged in court which declared that they were not validly nominated.
Earlier, he had argued that the Political Parties Dispute Tribunal through its judgment of November 22, 2022 nullified UDA gender top up party list published on August 24, and upheld the list earlier published on July 27, 2022, in compliance with election rules.
The activist argues that the assembly had been operating illegally and should cease all operations until its properly constituted.
Last month, the High Court upheld the nullification of the nomination of 10 MCAs from President William Ruto's UDA party.
The court order has been served in assembly clerk and speaker Phillip Muigei who are required to respond in 10 days before the matter is heard.