Kenya: Kabete Constituency Member of Parliament George Muchai has been sued on allegations that he is holding more than one public office contrary to the constitution.
Activist Charles Omanga claims that Muchai has violated the Election Act by holding more than two offices at the same time.
“By holding more than one public office, Muchai is acting contrary to Leadership and Integrity Act,” he said.
Omanga in his petition claims that the MP has been drawing benefits from the body contrary to Chapter six of the Constitution and the leadership and Integrity Act.
He is seeking the courts indulgence to restrain Muchai from being a board member of the Independent Electoral Commission of Kenya pending the hearing and determination of the case.
“We want the court to issue a temporary injunction restraining Muchai from drawing benefits and allowances from the body till the case is determined,” he said
Omanga claims that the conduct of Muchai is not only a total abuse of power but amounts to highest display of impunity at its best.
It is alleged that the MP was appointed to represent the Central Organization of Trade Union (COTU) on the National Industrial Training Authority (NITA) Board, which is a state corporation under the ministry of labor and social security services.
It is alleged that he was appointed as the vice-chairman of the NITA Board and have served in that position to date. He is accused that he continued to serve on the NITA Board even after his election as the Member of Parliament.
Member of Parliament for Kabete constituency, a state office and also attended the meetings where he received allowances.
Muchai is therefore accused of holding more than one public offices and unlawfully draining benefits therefrom contrary to chapter six of the constitution and the leadership and integrity act.
Failure to resign from the board by September 4, 2012 and subsequent holding of two public offices and drawing benefits from the board is alleged to be unconstitutional and unlawful, and amounts to unlawful official conduct.
The activist filed the case Friday at the High court.
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