Nairobi, KENYA: Attoney General Githu Muigai has filed a petition at the Milimani Law Courts, under a certificate of urgency, challenging the constitutionality of the People’s Assembly.
In his affidavit, Muigai has urged courts to give direction on the legality in which the People’s Assembly is being established and will be thriving in.
His office has raised concerns over the legal basis in which motions of People’s Assembly were passed upon.
“That pursuant to article 15/(6) of the constitution ,the petitioner has constitutional mandate ,and statutory obligation ,to promote protect ,and uphold the rule of law and defend public interest .” AG said in his petition.
He argues that it is not in line with the constitution for county assemblies to use public resources in illegal activities which are not envisaged in the constitution or any other written law.
Counties which passed the People’s parliament motions include ,Mombasa ,Kwale ,Kilifi Mandera ,Kitui Machakos Makueni ,Kakamega Vihiga Bungoma ,Busia Siaya and Migori.
He insists that establishment of People’s Assemblies by the aforementioned counties is an illegality which the court is obliged to deal with.
On 31st of October 2017 NASA principal Raila Odinga called upon county assemblies to pass and enhance people’s assembly.
NASA leaders have reportedly maintained that the planned swearing in of Raila Odinga cannot be stopped unless President Uhuru Kenyatta cedes ground for dialogue before January 30.
NASA insists that the oath will happen on ground there was no legitimate election on October 26.