The outspoken Elgeyo Marakwet Senator Kipchumba Murkomen has cleared July 15, addressed the controversy over the County Government Amendment Act 2020 which according to media reports, eased the process of recalling MCAs.
Murkomen in a detailed statement clarified that the amendment Bill that was signed into law by President Uhuru Kenyatta is actually meant to protect the MCAs from being ousted for unimportant reasons.
The former Senate Majority leader further explained that the MCAs could only be recalled on grounds that exists in law since 2012.
The lawmaker also argued that the County Government Act which contained a sections dealing with the MCAs removal was passed by the National Assembly, but in 2016 the Katiba Institute went to court to abolish the Act to make it easy to recall MCAs from office.
“As a result, the High Court in 2017 declared some of the sections unconstitutional. Key among them is section 27(2) which deals with grounds of recall. As a result of the decision, MCAs were exposed and anyone would initiate their recall without giving any reasons,” Murkomen argued.
The Senator added that his move to initiate the amended was to ensure that the reason for the county assembly members removal meet the constitutional threshold to protect them.
“I have realized that some MCAs even those who are serving the second term have not read the County Government Act yet it is the basic law that together with the constitution and the standing orders control the daily operation of MCAs and the County Assembly,” he added.