Machakos Governor Alfred Mutua was on Tuesday dealt a blow when the County Assembly commenced a process to eject him from office after the Court of Appeal's decision to annul his election.
The House sought to have Speaker Florence Mwangangi replace Mutua as the County head in an acting capacity.
Ekalakala MCA, Stephen Mwanthi stated: "The intention of this Motion is to discuss the status of Machakos County, following the nullification of the election of Governor Alfred Mutua by the court of appeal."
He argued that the assembly had not received a notice of appeal from Mutua's legal team at the Supreme Court.
[caption caption="Machakos Governor Dr. Alfred Mutua with the Machakos County Assembly Speaker Florence Mwangangi"]
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"Invoking Article 182 (4) of the constitution, we are seeking to have the Speaker take over since this House has not been served accordingly. This will ensure there's no vacuum in the leadership of this county," Mwanthi maintained.
The assembly erupted in a heated debate with MCAs allied to the Governor opposing the move.
Mwala MCA Brian Kisila stated: "It will be untimely to debate such a Motion because it is clear and obvious that the governor has not yet exhausted all his avenues of appeal."
Trying to quell the tension in the House, Speaker Mwangangi called for civility in the matter adding that the house would operate within the precincts of the law.
"This matter raises very serious legal and constitutional issues which require proper interpretation of the law. As such, I take it upon myself to consult on its implication and communicate on the matter as soon as possible," she explained.
On the other hand, Wilfred Nyamu, who is Mutua's lawyer, dismissed the motion stating that the governor was constitutionally in office until the seat was declared vacant.
"The current situation is that the Independent Electoral and Boundaries Commission (IEBC) has not even been served with the order of the court. For the assembly to discuss this issue, it is tantamount to occasioning a coup," he stated.
[caption caption="Machakos Governor Dr. Alfred Mutua "]
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