The High Court in Nairobi has suspended the reconstitution of two committees at the County Assembly pending the hearing of a petition on June 26, 2024.
The two, include the Public Accounts select committee and the sectoral committee on Water and Sanitation.
Justice Chacha Mwita issued the conservatory orders on Thursday restraining the county assembly from implementing a communication from the House speaker on April 17 directing the reconstitution of the committees.
“A conservatory order is hereby issued restraining the respondents from implementing the first respondent’s decision contained in the communication from the chair No. 19 of 2024,” Justice Mwita ordered.
Speaker Kennedy Ng’ondi is listed as the first respondent in the petition and the Nairobi County Assembly as the second respondent.
The court order serves to maintain the status quo of the select committees until the substantive issues raised in the petition are heard and determined by the court.
The judge directed the petitioner, Patrick Karani, who challenged the Speaker’s directive, to file a supplementary affidavit if needed, alongside written submissions not exceeding 10 pages within seven days.
He also allowed the respondents and interested parties seven days within which they should file and serve written submissions not exceeding 10 pages upon being served with the order.
“Submissions are to be highlighted on June 26, 2024,” Judge Mwita ruled.
A total of 21 individuals including Kileleshwa MCA Robert Alai are listed as interested parties.
The court expressed dedication to ensuring all parties are given a fair chance to present their cases within the stipulated timelines.
The court also issued a penal notice warning that any person served with or notified of the order must comply with the terms of the order.
Failure to do so, it warned, may result in one being cited for contempt of court.
Committees play four main roles in county assemblies; Legislative function, budget making process, oversight role and representation role.
Legislative function includes preparing legislative proposals and guiding debate during the processing of bills during the Second Reading and committee of the whole assembly.
Budget making process function includes scrutinising budget estimates and budget documents and making appropriate recommendations and monitoring budget performance of the assigned sectors.
Oversight role includes ensuring efficiency and effectiveness of the assigned sectors by inquiring and reporting on all matters relating to the assigned sector and ensuring the relevant sector/ department accounts on its expenditure.
Committees also sit to consider reports of the Auditor-General and vet nominees to be appointed to various public offices within the county as required by the law.
Under the representation role, committees are tasked with ensuring public participation in their activities, addressing issues raised by the public and considering public petitions.
Court stops reconstitution of 2 committees at Nairobi Assembly