Court stops senators from holding county board meetings
Senators in a past session of the Upper House. PHOTO | FILE
The High Court has blocked Senators from convening County Development Board meetings until a case filed by the Council of Governors is heard and determined.
Justice Isaac Lenaola on Monday said that the senators should await the court’s decision on the legality of the County Government (Amendment) Act 2014 that put Senators in charge of the development boards in the counties.
The judge issued the order after the Senate failed to respond to the case in which the Council of Governors moved to court two weeks ago to protest a new law that granted senators powers to head the County Development Boards.
“Since no orders have been filed as earlier ordered, I am noting that meetings of County Development Board may be called off,” said Justice Lenaola.
The judge also directed that the file be placed before the Chief Justice to appoint a three-judge bench to hear the matter, since the issues raised are substantial in nature.
Several senators, including Kisumu’s Anyang’ Nyong’o, Elgeyo-Marakwet’s Kipchumba Murkomen and Nandi’s Stephen Sang, had directed their respective governors to issue notices for their inaugural County Development Board meetings to be held this week.
UNCONSTITUTIONAL
The new law creates the County Development Boards, to be chaired by senators, while governors will be vice chairmen.
Other members of the board are members of the National Assembly and Members of the County Assemblies (MCAs).
Governors have sued Parliament and the 47 senators for legislating an unconstitutional Act and want it declared null and void.
The governors said senators are supposed to perform their oversight and legislative roles and not executive functions.
Lawyers Paul Muite, Ahmed Nassir and Issa Mansur, representing the governors, told the court that the Senate was determined to convene the said meetings yet the decision was illegal.
According to the governors, this law was meant to weaken their powers as well as impede development projects in counties.
The council also claims that the move that put senators as the legislative body for County Development Boards interferes with the separation of powers in Section 96 of the constitution and that they are the legally recognized county executives for devolved units.
Before being enjoined in the case, the Forum of County Speakers, through lawyer Tom Ojienda, explained that the new boards would undermine the presence of assembly bosses.
The case will be mentioned on September 4.
