NASA People Assembly case by AG certified as urgent

NASA People Assembly case by AG certified as urgent

The high court has certified as urgent, a case filed by Attorney General Githu Muigai regarding NASA’s People Assembly.

Justice John Mativo directed that the AG’s petition be served to the respondents for inter parties hearing set for January 30, 2018.

The Attorney General filed the petition at the Milimani Law Courts in Nairobi on January 22, 2018 under a certificate of urgency, challenging the constitutionality of the People’s Parliament currently established by 15 County Assemblies.

In the petition, AG termed them “an illegality” as they are not in line with the constitutional framework, asking that the petition be heard on a priority basis for reasons that there is an ongoing violation of the Constitution and the spending of public resources on unlawful activities through the establishment of People’s Assemblies.

Currently, 15 County Assemblies have established these Assemblies between November 8 and December 6, 2017.

The counties which have formed the People’s Assembly are; Mombasa, Kwale, Kilifi, Mandera, Kitui, Machakos, Makueni, Kakamega, Vihiga, Bungoma, Busia, Siaya, Kisumu, Homa Bay and Migori.

In the matter, the Council of Governors has been cited as an interested party.

In his affidavit filed by Deputy Chief State Counsel Charles Mutinda, the Attorney General noted that unless the matter is certified urgent, public resources will continue to be spent on unconstitutional activities contrary to the Constitution and the Public Finance Management Act. He also noted that the matter raises a substantial question of law which is of great public importance.

 

Tags:

bungoma Mombasa NASA SIAYA Makueni kisumu KWALE Mandera Homa Bay machakos KAKAMEGA Milimani Law courts attorney general Vihiga kitui Busia Kilifi Deputy Chief State Counsel Charles Mutinda NASA's people Assembly

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