AG Muigai files petition in court challenging legality of NASA’s People’s Assemblies

Attorney General Githu Muigai has made drastic measures by moving to court to challenge the formation of the People’s Assemblies in the National Super Alliance (NASA) strongholds.
Already 15 counties have passed a motion to form the People’s Assemblies.

The Chief Government legal advisor, in an application filed under certificate of urgency against the 15 county assemblies and Council of County Governors, asked the court to declare formation of the assemblies illegal and more so unconstitutional.

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The  AG argues that these are illegal activities by Members of County Assemblies (MCAs) since there is no legal provision permitting them to do so.

“The establishment of the People’s Assemblies by the aforementioned county assemblies is an illegality as the institution is alien to the Constitution and is neither within the framework of the County Governments Act or any other legislation,” Mr Githu’s court papers read in part.

“The establishment of the proposed assemblies is also not envisioned within the mandate and the functions of the county assemblies or indeed the County Governments. The respondents continue to use public resources in illegal activities not envisioned in the Constitution.”Read the papers as seen by The Standard.

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The High Court had last year issued orders restraining all county assemblies from passing or implementing motions on the formation of the assemblies.
The case filed before Kitui judge Lilian Mutende will be montioned on January 28.