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MCA’s vow to appeal ruling on impeachment powers

10 October 2014, 08:19 David Wekesa

Bungoma - County Assemblies across the country have faulted a High Court ruling that barred them from impeaching county executives.

Speaking to News24, Bungoma County Speaker, John Makali said they have agreed to appeal the ruling that was made on Tuesday by Bungoma High Court Judge Alfred Mabeya.

“The ruling was erroneous the judge cannot purport to give orders to parliament to make a law of a separate body and impartial body," Makali said.

He said all assemblies in the country were working on a committee that will spearhead the appeal.

He said in the absence of such a law, the assemblies should be left with power to impeach the executives.

“The ruling leaves a vacuum of law and also affects national assemblies," he said, adding that they had already filed a notice of appeal.

Also read: MCAs threaten to impeach Governor

Delivering the judgement, in a case where Bungoma County Roads executive, Stephen Nendela had gone to court  for a constitutional  interpretation after the county assembly impeached him, Judge Alfred Mabeya held that constitutionally no county assembly can purport to remove a county executive member.

“Parliament should enact a law that provides for a separate, independent, impartial and unbiased body that will be charged with the jurisdiction of carrying out investigations once a motion is passed by a county assembly," Mabeya said in his ruling.

He said  county assemblies could not give the executives a fair hearing because they were partisan and are the ones who craft the charges against the accused.

He further ruled that the Bungoma County assembly  violated the constitution and Nendela’s rights ruling its actions were null and void.

The MCA's had accused Nendela of incompetence, gross misconduct, failure to submit quarterly reports to the county, failure to develop and submit an infrastructural policy for approval.

Nendela in his defence had however accused the MCA's of trying to arm twist him to give them the money for roads development.

In his ruling, Mabeya however said the MCA's cannot purport  or lay claim on control  of such developments as this was purely the role of the executive.

“The fundamental principal of separation of powers should be strongly upheld as voted for by Kenyans in the constitution," Mabeya said.

He further warned MCA's against denying  the accused affair haring saying it was against the fundamental principal of natural justice.

Speaking after the ruling, Nendela’s lawyer Wasilwa Makhakara termed the ruling as a land mark saying it will stop MCA's  from being bullies.

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