Mcas to challenge newly assented law in court

By Ndungu Gachane

Ichagaki Ward MCA Charles Mwangi Nganga alias Ichagaki one. He says MCAs will challenge the County Government Amendment Bill 2017 in court

Disgruntled Members of County Assembly are contemplating filing a suit in court to object the assented County Governments Amendment Bill 2017 which makes works easier to recall troublesome MCAs.

Mt Kenya Caucus chairperson and County Assembly Forum governing council member Charles Mwangi Nganga alias Ichagaki one says the new is populistic, draconian and authoritative.

The MCA said the law creates an impression that MCAs are children who are not competent to be legislators wondering why the same law is not being administered to both the Senators and the Members of Parliament.

In an interview with Kkonlinenews.co.ke, the Ichagaki Ward MCA poked holes with the provision of 30 per cent of signatures from the registered voters to recall the MCA.

“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.

Mr Ichagaki one disclosed that a team of lawyers are scrutinizing 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.

Mr Ichagaki One said the bill is selective, populistic and draconian

He noted that the law creates a scenario where majority will be suffering at the expense of the minority since the 30 per cent is only a minority of the electorate.

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.

“The petition must be signed by a petitioner who is a voter in the ward in respect of which the recall is sought,” reads part of the law.

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