Assembly in dilemma over minority leader

Mombasa County Assembly is seeking advice from the Constitution Implementation Commission on the minority leader’s position as all the members are from ODM.

The assembly has 30 elected ODM members and 15 others nominated by the same party.

The County Government Act of 2012 does not give constitutional direction on a minority leader in such a unique situation.

The Constitution stipulates that every county assembly must have a County Assembly Service Board that should comprise the speaker, as the chairman, the majority leader as vice-chairman, the minority leader, a public member and the clerk of the assembly.

The board cannot be established in Mombasa without a minority leader. It is supposed to recruit staff, oversee tenders and contracts and manage the assembly’s operations.
Confronted by the constitutional dilemma, Speaker Thadius Rajwayi last year gave direction on the matter.

Members of the county assembly passed a motion appointing Public Accounts and Investment Committee chairman Karisa Nzai as the minority leader, but only for the board’s activities.
RAISED EYEBROWS

Mr Rajwayi approved the appointment on condition that the minority leader role would not extend to the one-party dominated.

“The County Government Act of 2012 does not give direction on the appointment of a minority leader in an assembly such as Mombasa,” he said.

However, since the matter has raised eyebrows, Mr Rajwayi said he had sought advice from the CIC.

“Constitutional law experts should address the matter so that county assemblies that have no minority representation can have a direction from the County Government Act,” he added.