This archive report was first published on 15 July 2020.
On July 15, 2020, Elgeyo Marakwet Senator Kipchumba Murkomen addressed the controversy surrounding the County Government Amendment Act 2020, which had made it easier to recall Members of County Assembly (MCAs).
According to media reports, the amendment Bill, signed into law by President Uhuru Kenyatta, was meant to ease the process of recalling MCAs. However, Murkomen clarified that the amendment was actually intended to protect MCAs from being ousted for unimportant reasons.
Murkomen explained that MCAs could only be recalled on grounds that existed in law since 2012. He argued that the County Government Act, which contained sections dealing with the removal of MCAs, was passed by the National Assembly in 2016. However, the Katiba Institute went to court to abolish the Act, making it easier to recall MCAs from office.
As a result, the High Court declared some sections of the Act unconstitutional in 2017, including section 27(2), which dealt with the grounds of recall. Murkomen argued that this decision exposed MCAs to being recalled without any reasons.
Murkomen initiated the amended Bill to ensure that the reasons for removing MCAs meet the constitutional threshold to protect them. He emphasized the importance of MCAs understanding the County Government Act, which is the basic law that controls the daily operation of MCAs and the County Assembly.
"I have realized that some MCAs, even those serving their 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," Murkomen added.
