Attorney General Githu Muigai has lodged an appeal against the verdict by High Court judge Ed***d Muriithi that the five-year tenure for Members of County ***emblies (MCAs) ends on March 3, 2018 in line with Article 177(4) of the Cons***ution that provides they serve for five years and hence s**uld be paid their dues.
MCAs were all elected in the March 2013 polls to serve in the 47 county ***emblies for the first time.
Currently, there are 2,526 MCAs each earning a basic monthly salary of Sh165,000, meaning each w*** get a total of Sh1.32 m***ion for the eight months.
The AG argues that the judge made an error in law by failing to appreciate that Article 194(1)(f) of the cons***ution which provides that the office of MCA becomes vacant at the end of the term of the ***embly, which is just before the general elections are held.
“By this, the judge departed from the decision of the ***************’s definition of a ‘term’ and formulating his own,” said court papers filed Tuesday.
The AG is also faulting the judge for failing to appreciate that there are other elected public officers including Governors, Senators, Women Representatives and Members of Parliament, w** could also follow the move by MCAs.
Related: New report shows best and worst paid MCAs
The government reckons the interpretation by the High Court perpetuated disc***ination by treating ***embly members preferentially from other elected officers wit**ut justifiable cause, contrary to the cons***ution.
State Counsel adds that Justice Muriithi misinterpreted the cons***ution when he made a finding that the MCAs are en***led to payment of damages for loss of income due to an incomplete tenure cut s**rt by polls being held before expiry of their five year-term in office.
“In arriving at the entirety of the decision, the learned judge of the High Court erred in law and fact in disregarding all laws and previously decided cases of superior courts relating to the term of office of elected officials,” the AG’s office said in court papers.
The government is seeking orders that the entire High Court judgment be nullif***.
[crp]
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