AG seeks to block People’s Assembly

Attorney-General Githu Muigai on Monday moved to the High Court seeking to stop further establishment of the People’s Assembly.

In the petition, the AG’s office argues that the 15 county assemblies, which have so far passed a motion for the establishment of the People’s Assembly, have contravened the Constitution.

He wants the court to issue orders, quashing the resolutions passed by those assemblies.

POWER

Nasa principals – Mr Raila Odinga, Mr Kalonzo Musyoka, Mr Musalia Mudavadi and Mr Moses Wetang’ula have been pushing counties aligned to the coalition to establish the People’s Assembly.

According to Mr Odinga, the assemblies are an avenue for the people to exercise their sovereign power directly.

“The people’s assembly is not a parallel government. It is not an alternative Parliament or county assembly. It is a process of charting political destiny,” Mr Mudavadi had said.

But the State Law Office through Deputy Chief State Counsel Charles Mutinda wants the High Court to issue an order prohibiting any other county assembly from passing a motion establishing the People’s Assembly.

PARLIAMENT

“The petitioner herein submits that the institution of the People’s Assembly by the aforementioned county assemblies is an illegality as the term is alien to the Constitution and is neither established within the framework of the County Government’s Act nor any other legislation,” said Mr Mutinda in a sworn statement.

Mr Mutinda said the greater range of issues in the proposed agenda for the People’s Assembly was domiciled within the mandate of Parliament, being the constitutional body tasked with the oversight of commissions and independent offices including the electoral agency, the review of devolution implementation, and the legislative scope on electoral laws.

“The establishment of the proposed assemblies is also not envisioned within the mandate or function of county Assemblies,” he said.

He added: The citizens of the respective counties vested their sovereign rights to their elected representatives during the election. By establishing people’s assemblies, the respective county assemblies have donated their power to a non-elected group which is contrary to the Constitution.”