Attorney General Githu Muigai on Monday filed a petition at the Milimani Law Courts challenging the constitutionality of the People’s Assemblies currently established by 15 County Assemblies.
Under a certificate of urgency, the AG asked the court to quash the already passed People’s Assembly motions and bar counties from further passing the resolutions to form the proposed assemblies.
The Attorney General termed the People’s Assemblies being championed by the National Super Alliance as ‘an illegality’ arguing that their establishment contravenes the law and is a plunder of public resources.
“The institution of the People’s Assembly is an illegality as the term is alien to the Constitution and is neither established within the framework of the County Government’s Act nor any other legislation,”reads part of the petition.
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.
“The citizens of the respective counties vested their sovereign rights to their elected representatives during the election. By establishing People’s Assemblies, the respective County Assemblies have donated their power to a non-elected group which is contrary to the Constitution,” argues the State counsel.
According to the National Super Alliance, the People’s Assemblies are not an alternative Parliament or County Assembly but are platforms meant to provide citizens with the opportunity to exercise their sovereign power directly.
Currently, 15 counties have established these Assemblies between 8th November and 6th December, 2017. The Counties include Mombasa, Kwale, Kilifi, Mandera, Kitui, Machakos, Makueni, Kakamega, Vihiga, Bungoma, Busia, Siaya, Kisumu, Homa Bay and Migori.
The Council of Governors has been cited as an interested party in the case.
Meanwhile, the National Super Alliance heads to Narok, Migori and Kisii counties from Wednesday for the People’s Assembly forums, with a series of rallies expected to culminate in the swearing in of Raila Odinga on January 30.