Blow to Waiguru as court reinstates MCAs

Elected MCAs in Kirinyaga presenting a court order to the Deputy County Clerk reinstating them back as chair of various departmental committees. [Mugucia Rugene]

A court has reinstated all the ten departmental committee members of the Kirinyaga County Assembly, who had been removed on July 31, which is a blow to the attempt by Governor Anne Waiguru to take control of the operations at the County Assembly.

Justice Lucy Gitari, while reinstating the officials, ruled that the orders be served to the County Assembly, County Clerk and the Attorney General, who had been named by the applicants as the respondents.

The orders also quashed the reconstitution of the committees, which was carried out on August 7, until the matter was heard and determined inter-parties.

Elected MCAs had been removed and replaced with nominated colleagues leading to the court battle. Through their lawyer Ndegwa Njiru, the MCAs claim their removal from the committees was a violation of their constitutional rights and fundamental freedoms.

According to their supporting affidavit August 8, the petitioners claimed a motion of no confidence with them was passed on July 31 when the office of the Assembly Speaker was vacant after he tendered his resignation on July 30.

The petitioners were John Kanga , (Mutithi Ward), Gudson Muchina (Tebere), Samuel Maina (Nyangati),David Kinyua(Mutira), Peter Njomo(Mutithi), Johnson Munene(Kiine), Mathew Ireri(Ngariama),Fredrick Bundi(Njukiine), Pius Njogu(Thiba) and Harridan Mwangi of Kanyekini. The order was served and received by the Deputy Assembly Clerk Ibrahim Kirimi who acknowledged through signing on a copy availed to the media.

The court also directed the inter-party hearing be conducted on priority basis due to the urgency of the matter on a date to be agreed upon after the respondents filed their replies.

This turn of events comes head over heels of yet another order restraining the Assembly from picking another speaker following the resignation of David Wachira Githanda on July 30.