• House made move to appoint the trio to 17 sectoral committees in a motion passed on June 30.
• Despite the alleged irregularity, the petitioners say, the respondents are hellbent on executing the motion.
The High Court has stopped the county assembly from reinstating three Party of National Unity MCAs who were de-whipped from house committees.
Justice Alfred Mabeya issued the order for seven days pending the determination of a suit against the move by the assembly to appoint the trio to 17 sectoral committees in a motion passed on June 30.
Kangeta MCA Romano Mwito lost the Water committee chairmanship, Kiegoi/Antubochiu’s Kimathi Ithibua lost the Public Accounts Committee chairmanship while their Mikinduri counterpart Gabriel Chokera was removed from all committees.
The suit certified as urgent was filed by four members of the party and voters who want the court to compel Speaker Joseph Kaberia to revoke the appointment, terming it unconstitutional.
Jacob Mantili Kinganya, John Muriki Rukunga, Harun Murangiri Kobia and Patrick Mungathia Mwila have listed Kaberia and the House as first and second respondent respectively.
Through lawyer Thuranira Atheru, they have also listed the MCAs as interested parties, claiming they were de-whipped for openly promoting ideologies, interest and policies of the opposing party in the House.
The move is seen as a political supremacy battle pitting Agriculture CS Peter Munya and Governor Kiraitu Murungi ahead of 2022.
Munya was the leader of PNU, which has 21 MCAs, before he was appointed to Cabinet by President Uhuru Kenyatta.
Two weeks ago, Kiraitu met MCAs at Heritage Hotel where they formed the Meru inter-political parties caucus seeking to consolidate support amid claims the CS was out to wrestle them from Munya's grip.
The move came a week after the CS's failed attempt to meet the reps at his home to discuss agriculture development projects.
The petitioners argued the politicians met at Gatimene Gardens hotel on June 13 where they castigated their sponsoring party and its leaders.
“By making the 17 committee appointments through the motion of the whole House without consulting the petitioners or the party, the respondents violated standing orders that call for consultation with assembly parties to nominate the members who shall serve the committee," the petitioners argued.
In appointing the trio, Atheru claimed the House bypassed the relevant committee of the assembly, the Political Parties Act, assembly’s standing orders and no that public participation was undertaken.
In the court papers, the lawyer said the motion eroded the national values rule of law and democracy as it usurps the political parties’ authority to appoint their share of members to committees.
“Unless the decision in the motion is stayed, public funds will be expended and wasted during the illegal sittings of the committees and various political parties entitlement to proportionate representation in those committees will be defeated," Atheru said in the suit.
Despite the alleged irregularity, Atheru added, the respondents are hellbent on executing the motion.
The petitioners want the court to declare the proceedings and passage of the motion unconstitutional.
They also want the respondents directed to pay costs of litigation.
Justice Mabeya has ordered the petitioners to serve the respondents with suit papers pending an inter-parties hearing from July 15.
Edited by R.Wamochie