Nairobi County Assembly Speaker, Kennedy Ng’ondi, has declared the resignation of Githurai Member of the County Assembly (MCA),Deonysias Mwangi, as null and void.
In a new twist, on Friday September 19, the Speaker revealed that he had not accepted Mwangi’s letter as it was not signed by the ward representative.
Mwangi had reportedly tendered his resignation via a letter sent on Wednesday, September 17, to the Speaker.
However, Speaker Ng’ondi faulted Mwangi for not following due process while tendering his resignation, such as ensuring his signature was on the letter.
The MCA acknowledged that the letter had, in fact, leaked online without his knowledge, but maintained that he had tried to reach out to Speaker Ng’ondi to formalise his resignation without much success.
He denied personally leaking the letter online, but asserted that he would still resign once his meeting with the Speaker materialised.
“It is true that I have resigned as the Githurai MCA. Unfortunately, the letter that I intended to send to the Speaker confirming my resignation leaked before the Speaker could receive the letter. However, I have not been able to access him for the past three days as he had been out conducting other duties,” he noted.
The MCA, who is affiliated with the ruling United Democratic Alliance party, cited frustration over what he described as 'systemic failure by the County Executive to implement development projects and deliver basic services to residents'.
Mwangi faulted the Nairobi County government for what he described as the consistent neglect of his ward by the County Executive, despite his relentless advocacy on the floor of the Assembly and in committee work.
The Process of Resignation of an MCA
Under Kenyan Law, the provision that allow a County Assembly Member to tender his resignation is under Article 194(1)(d) of the Constitution of Kenya, 2010.
Typically, when an MCA wishes to resign, they must first write a resignation letter to the Speaker of the County Assembly, who should then acknowledge it to formalise the resignation.
Afterwards, the Speaker is expected to formally declare the seat vacant and notify the Independent Electoral and Boundaries Commission (IEBC).
Thereafter, IEBC is required to conduct a by-election within 90 days of the seat being declared vacant, unless the vacancy occurs within three months of the next General Election.
The by-election is carried out in the affected ward, unless the MCA was nominated, in which case, the party nominates a replacement.
Upon resignation, the MCA immediately ceases to receive the salary, allowances, and privileges associated with the office. However, the MCA might still retain pension benefits if eligible under the scheme.
If the MCA resigned to defect to another political party (outside the legally permitted window), this could also trigger legal or political battles, especially if the resignation was tied to party loyalty issues.
