Members of County Assembly are plotting to file a petition to challenge the newly approved a bill by the president and sponsored by Elgeyo Marakwet Senator Kipchumba Murkomen seeking to fasten the process of removing MCAs from their positions.
The law provides that a petition filed in writing with the Independent Electoral and Boundaries Commission (IEBC) will initiate the recall. The petitioner requires 30 per cent of signatures of the registered voters in the Ward to file the petition.
Mt Kenya Caucus chairperson and County Assembly Forum governing council member Charles Mwangi Nganga alias Ichagaki one says the bill was done in a hurry and thus the stakeholders who are MCAs from 47 Counties were not involved.
He further states that, the bill is aimed to cage the MCAs from exercising their duties granted to them by the constitution noting the bill is populistic, draconian and authoritative.
Uhuru Asserting the bill into law in a past event
Addressing the media, Ichagaki one said the bill will be exploited by some leaders as it has simplified the ouster of the MCAs and will mean the exploitation of the voters right.
“This bill is aimed to intimidate MCAs and that is probably why the due process wasn’t followed, the public participation and stakeholders were not involved,” he said.
He further said that in accordance with constitution, for such a bill to be accepted, all MCAs from 47 Counties were to be involved.
Mt Kenya Caucus chairperson and County Assembly Forum governing council member Charles Mwangi Nganga alias Ichagaki one
“The bar is very low to recall to so-called troublesome Ward reps, and again the MCAs, Senators and MPs are all legislators why put barriers to MCAs alone, they also have a record of fighting at the floor of the house,” Mr Ichagaki one said referring Senators Seneta and Kwamboka who fought in Senate last week.
The Ichagaki Ward MCA poked holes with the provision of 30 per cent of signatures from the registered voters to recall the MCA.
He disclosed that a team of lawyers are scrutinising the law with a view of challenging it in court or introducing ways with which the bar will be raised and also involving all the elected leaders including the President and Governors.