High Court bars counties from setting up People’s Assemblies

Monday November 20 2017

Nasa leader Raila Odinga arrives in Baba Dogo, Nairobi County, on November 19, 2017 where several people were killed. The High Court has temporarily stopped the formation of people’s assemblies. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP


The High Court has issued orders restraining all county assemblies from passing or implementing motions on the formation of the people’s assemblies, dealing a blow to Nasa.

Kitui judge Lilian Mutende granted the interim conservatory orders on Monday, pending the determination of a case filed by a lobby group, Counties Development Group.

"An order is hereby issued restraining the 4th – 50th respondents and the members of the county assemblies from constituting a special college for the appointment of election members, delegations and observers of the People’s Assembly," the order reads.

The case, filed on Monday afternoon, seeks to stop ward representatives from implementing motions tabled and moved before them for the appointment or election of members, delegations and observers to the people’s assemblies.


Justice Mutende’s directive will be in force until January 28 next year when an interparty hearing will be held.


However, Nasa's head of secretariat Norman Magaya dismissed the order as "hopeless".

"That is a hopeless order. The order is defective and is not capable of being enforced. It cannot be served on anyone, if anything it has been overtaken by events because the peoples assemblies are already under way," Mr Magaya said during a TV interview.


The lobby group sued the Attorney-General, the Senate, the National Assembly and Kitui County Assembly as the first, second, third and fourth respondents, respectively.

The judge also ordered the petitioners to serve Kitui County assembly and the other 46 county assemblies who are listed as 5th up to 50th respondents, through the press, the Daily Nation and the Standard.