President Uhuru Kenyatta on Thursday, July 9, approved a bill sponsored by Elgeyo Marakwet Senator Kipchumba Murkomen seeking to fasten the process of removing MCAs from their positions.
The County Governments Amendment Bill was first introduced in the Senate in April before sailing through the National Assembly towards the end of June.
According to its sponsor, the bill seeks to have MCAs ousted easily by their constituents once they violate the constitution including incompetence and gross misconduct.
The bill further argued that MCAs had increasingly overlooked their mandate of checking the governors' mandate by continually squabbling and engaging in fistfights while in their respective chambers.Elgeyo Marakwet Senator Kipchumba Murkomen takes a selfie while behind the wheel on April 1, 2020.
“My intention in coming up with the law is to ensure that county assemblies are bastions of respect and dignity in undertaking their constitutional and legal mandate to represent people, legislate and ensure the limited resources are used prudently by those responsible,” stated Murkomen.
How it works
The process of recalling an MCA according to the new bill has been simplified in that a voter from the ward can kickstart the process after obtaining over 30% of signatures from the ward's registered voters.
The voter then writes to the Independent Electoral and Boundaries Commission (IEBC) which has to be within 30 days of its filing.
“The petition must be signed by a petitioner who is a voter in the ward in respect of which the recall is sought,” states part of the law.
After analysing and verifying the signature, IEBC will conduct a recall vote for the lawmaker within 90 days through a yes or no question.
After the MCA has been recalled, a by-election would be conducted within the succeeding 90 days.
The bill also legally compels governors to nominate deputies in the event a vacancy arises in their administration.
As per the new law, a governor will be required to nominate a deputy within 14 days of the occurrence of a vacancy and forward the name to the county assembly for either approval or rejection within 60 days.
The new law also provides that, should a governor die before taking the oath of office, the deputy governor will act for 60 days before a by-election is held.President Uhuru Kenyatta signs into law the Finance Bill 2020 at State House, Nairobi on Tuesday, June 30, 2020PSCU
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