Governor Mutua’s party challenges People’s Assembly in court


Alfred Mutua
Machakos County Governor Alfred Mutua at a past address. Photo/Profile

In Summary

  • Machakos Governor Alfred Mutua’s Maendeleo Chap Chap Party on Wednesday filed a case at the High Court challenging the constitutionality of the opposition’s People’s Assembly forum.
  • Through lawyer Alfred Nyamu, the party listed 16 County Assemblies including Machakos County Assembly as respondents in the case for passing the contentious motion.
  • The party wants the court to declare the resolutions passed by the 15 county assemblies illegal, null and void.
  • The party argues that the establishment of the People’s Assembly has no legal basis and amounts to contravention of Article 1 (3) of the Constitution.

Machakos Governor Alfred Mutua’s Maendeleo Chap Chap Party on Wednesday filed a case at the High Court challenging the constitutionality of NASA’s People’s Assembly forum.

Through lawyer Alfred Nyamu, the party listed 16 County Assemblies including Machakos County Assembly as respondents in the case for passing the contentious motion.

The Mutua-led party argues that the establishment of the People’s Assembly has no legal basis and amounts to contravention of Article 1 (3) of the Constitution of Kenya, 2010 hence should be declared illegal, null and void.

“The purported establishment of the people’s assemblies via resolutions passed by the respondents amount to acts not authorised by the Constitution of Kenya 2010 hence contrary to Article 2 (2) of the Constitution of Kenya, 2010,” The party states in the petition.

In the affidavit, the party’s secretary general Stephen Kilonzo claims that the 15 county assemblies acted in excess of their powers and mandate and argued that the resolutions should be declared illegal because the assemblies failed to consider public participation before passing the motion.

The case is similar to one filed by former Attorney General Githu Muigai on January 22, 2018 who sought orders to have the resolutions passed by 15 county assemblies quashed for contravening the law.

Following the case by Githu Muigai, High Court judge John Mativo in his ruling on January 31, 2018  referred the case to Chief Justice David Maraga to constitute a bench which will listen to the case.

 

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