AG Githu Muigai Moves to Court Over People's Assembly

  • Attorney General Githu Muigai on Monday filed a petition at the Milimani Law Courts, challenging the constitutionality of NASA's People's Assemblies (Parliaments).

    In the case filed under a certificate of urgency, the AG stated that the 15 People's Assemblies currently established are 'an illegality.'

    The 15 counties sued in the petition include Mombasa, Kwale, Kilifi, Mandera, Kitui, Machakos, Makueni, Kakamega, Vihiga, Bungoma, Busia, Siaya, Kisumu, Homa Bay, Migori counties.

    "The establishment of the People's Assemblies by the aforementioned County Assemblies is an illegality as the institution is alien to the Constitution and is neither established within the framework of the County Government's Act or any other legislation.

    [caption caption="File image of AG Githu Muigai"][/caption]

    "The establishment of the proposed assemblies is also not envisioned within the mandate or function of County Assemblies or indeed County Governments," the petition reads in part.

    The AG further explains that the people's assemblies functions were performing the duties of the National Assembly.

    "That the greater range of issues in the motion for the people's assemblies is an agenda domiciled within the mandate of Parliament being the constitutional body tasked with the oversight of commissions and independent offices including the IEBC, the review of devolution implementation and the legislative scope on a review of electoral laws.

    "The people's assemblies are not envisaged by the architecture and framework of the Constitution of Kenya.

    "The Constitution has established structures and institutions within which any grievances can be addressed within the law. Any other mechanism other than what is provided in the law is an attempt to overthrow the Constitutional order and is null and void," the petition further reads.

    On 31st October 2017, NASA leader Raila Odinga issued a press statement calling upon County assemblies to pass resolutions supporting the establishment of the People's Assembly.

    [caption caption="File image of NASA leaders during a press conference"][/caption]

    Three people's assembly meetings have taken place so far; in Kakamega, Machakos and Mombasa.