Court stops MCAs from removing county executive members

Politics and policy

High Court Judge Isaac Lenaola. PHOTO | PAUL WAWERU | NATION MEDIA GROUP 

By NATION REPORTER

In Summary

• The lawyer for the governors, Wilfred Nyamu, told the court on Wednesday that if the situation was not rectified, "MCAs will be micromanaging counties like their own houses".

High Court Judge Isaac Lenaola has issued orders stopping all county assemblies from removing members of county executive committees. Justice Lenaola ruled on Thursday that Members of County Assemblies (MCAs) must not purport to remove the county executive.

He ordered that all counties be served through the media.

In the case, the Council of Governors (CoG) had sued the Makueni County Assembly over a resolution to remove the executive committee.

The lawyer for the governors, Wilfred Nyamu, told the court on Wednesday that if the situation was not rectified, "MCAs will be micromanaging counties like their own houses".

COG chairman Isaac Ruto said removing the executive would be contravening the law and the principles of separation of powers, adding that "county assemblies need to recognise and respect the fact that members of executive committees are only accountable to governors."

He said an assembly could may only take an oversight role over the executive, with powers to summon any person for purposes of giving evidence and providing information.

Hearing has been set for October 17.