photo of garissa county assembly.
By SAM ALFAN
Garissa County Public Service Board has moved to court seeking orders to quash the decision of County Assembly for sacking its members.
The board through its Chairman Harun Yusuf filed the application under certificate of urgency seeking prohibition to halt the Assembly from degazetting the removed members, pending the hearing and determination of the suit.
The court was told by the lawyer representing the board Mr Stephen Mogaka, that the county assembly has acted unlawfully and in bad faith, saying their action should be intervened by the court.
Mogaka told Justice Weldon Korir, that members of the board were all material time working for the county as provided for section 59 of the assembly.
” The County Government Act establishes the county public service board under section 57 as body corporate with power to work in the county” the lawyer submitted.
He said that the removal of the members by the assembly was done in excess of its mandate and therefore unlawful and unconstitutional.
The court heard that the members were removed from office without being accorded an opportunity to defend themselves and is contrary to the provisions of Article 50 of the constitution.
The power vested upon the county assembly is to remove members and not County Public Service Board, saying the sacking of the members is arbitrary and abuse of power.
The court certified the application urgent to heard during the court vacation and the judges directed the same be served and the matter be heard inter parties on 16 April.