Lawyer Wilfred Nyamu, leaving Milimani law court after he filed a petition in the high court seeking orders to control County Assemblies from making resolution to sack Executive Committee Members.
NY SAM ALFAN.
Council of Governors has filed a petition in the high court seeking orders to control County Assemblies from making resolution to sack Executive Committee Members.
The governors want the powers held by the county assemblies to summon the executive committee members be declared null and void.
The county assembly of Makueni has already made resolution to have four executive committee members fired by the governors.
The aggrieved executive committee members, Ruth Kyatha, Alidan Maithya Mbinda, Judith Kalinga and Jacobus Mutuku Kiilu have protested the move to have them sacked by the Makueni governor Professor Kivutha Kibwana.
Their lawyer Wilfred Nyamu, told Justice Isaac Lenaola that the county assembly has already made recommendation to have the four removed and the same is now awaiting the approval of the county governor.
He told the court that the powers and process of the removal of the executive committee members under section 40 (2) of the county governments Act 2012 is held by the county assembly which the applicant wants to declare it illegal and is being used excess of jurisdiction.
The powers excised by the county assemblies violate the national values under Article 10 of the constitution and is a threat to devolution and constitutional ism.
The court certified the application urgent and directed the petition be served upon the county assembly of Makunei, the office attorney general and the governors of Makueni and the matter be heard tomorrow inter parties.