The Independent Electoral and Boundaries Commission (IEBC) is facing a lawsuit over the Sh8 Billion funds denied to Members of County Assembly (MCA).
The Ward Representative Association of Kenya has threatened to sue both the IEBC and the Salaries and Remuneration Commission (SRC) over what they have termed "unpaid dues".
The Court of Appeal on Friday overturned a ruling by the High Court that had granted the MCAs who served between 2013 and August 8 Sh8 Billion as remuneration for seven months before their term officially expires.
[caption caption="WRAK officials during a presser on November 13"]
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WRAK Chairman Jabus Oduor on Monday told reporters that the funds were due to the MCAs because their term will expire in March 2018.
"On behalf of over 2000 member MCAs who form our membership, we will be taking every legal step to fight for and secure our legal dues," Mr Oduor stated.
He further explained that Mr Wafula Chebukati and his team are to blame for not consulting the SRC and his organisation before scheduling the General Election on August 8.
"While it was within IEBC’s power to schedule the General Election on August 8, it would have been prudent for them to liaise with Salaries and Remuneration Commission, Ward Representative Association of Kenya and other constitutionally mandated bodies.
"This is within the provisions of Article 177 (4) of the constitution which puts the term in office of a Member of a County Assembly at 5 years," the former Kongowea MCA explained.
Should the body make good on their threat, both the newly elected MCAs and the ousted reps will be entitled to a sum of between Sh1 Million and Sh1.8 Million remuneration each.
Appellate Judges Phillip Waki, Roselyn Nambuye and William Ouko had found fault with the High Court decision citing that the promulgation of the 2010 Constitution had reset the terms accordingly.
"The terms of other offices were also affected by the new constitution without provision for compensation. The award was made in error and thus the appeal is allowed," the ruling read in part.
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