, NAIROBI, Kenya, Nov 23 – The government has cautioned politicians against selective use of the Constitution to justify activities that amount to breaching of law, like the formation of People’s Assemblies through approval by Members of County Assembly (MCAs).
National Government Spokesperson Eric Kiraithe says the initiative by the Raila -led National Super Alliance lacks legal backing, saying MCAs who have passed those motions should be surcharged for spending public resources to discuss private affairs.
“The Constitution is the basic and fundamental law of any State. It sets out how States will be organised, how powers and authority will be exercised and defines the relationship between different political units and citizens,” he said.
“The people of Kenya were availed every possible opportunity to freely and meaningfully generate, debate and vote for this constitution. It is the law of the land meaning that every state organ including the executive, judiciary, legislature, county governments, citizens and corporate persons have a mandatory responsibility to strictly comply.”
He says it amounts to mockery of the law, for a County Assembly to allegedly vote for civil disobedience, insisting the constitution provides for the devolution and defines their legitimate business.
Already, nine Counties affiliated to the Opposition coalition have passed the motion but the courts have since restrained assemblies from passing or implementing motions on the formation of people’s assemblies until January 28 next year when an inter-parte hearing will be held.
According to Odinga, the People’s Assembly will be a broad-based forum consisting of elected leaders and the leadership of other sectors of society in particular workers, civil society, religious leaders, women, youth and economic interest groups.
The NASA leader said he will be announcing the date and programme of the assemblies’ inaugural convention in the coming days noting that the assembly will continue to exist until a legitimate presidency is restored.
He further announced that he will constitute a task force to look into the systemic governance weaknesses that have precipitated the unfolding political crisis.
The motion which Garissa Township Member of Parliament Aden Duale has termed a waste of time also proposes an establishment of a different electoral body with a view to conducting fresh general elections since the coalition doesn’t recognise the results of the repeat presidential elections held on 26th October 2017.
“A truly Independent Electoral and Boundaries Commission be established with a view of holding a fresh presidential election on or before February 9, 2018,” reads the motion.
Another agenda of the motion is a proposal to review constitutional commissions including the Independent Electoral and Boundaries Commission, the National Police Service, the National Intelligence Service, the Public Service Commission, the Ethics and Anti-Corruption Commission and the National Cohesion and Integration Commission.