The Governor of Machakos Alfred Mutua has moved to court to seek to challenge the creation of the “people’s assembly” The party through lawyer Alfred Nyamu yesterday 14 Feb 2018 filed an application at Milimani Law Court, claiming the establishment of the assemblies has no legal stand.
“The purported establishment of “people’s assembly” by the respondents have no legal basis in law.it amounts to the contravention of Article 1(3) of the constitution hence not only illegal but also null and void.” Remarked Mr. Nyamu.
The filed that the acts used to form the assemblies were not authorises by the constitution.
Stephen Kilonzo , secretary general of Maeldeleo chap chap Party in an affidafit filed in court, claims that the 16 county assemblies acted in excess of their powers and mandate under Article 185 of the Constitution.
Mr Kalonzo said those who are behind the process of pasing resolutions establishing the peoples assemblies failed and neglected to enact public participation as provided under Article 10 and 196 of the Constitution, he added that “people’s assembly” can not exist hand -in-hand with county assembly established under Article 176 of the constitution.
He said that any MCA who voted in support of the motion to establish a people’s assembly be declared to have forfeited their elected or nominated mandate to represent the electorate.
He also seeks court order directing independent Electoral and Boundaries Commission (IEBC) to call fresh elections in the affected wards of those elected leaders who voted for the “people’s assembly”.