The High Court in Kitui has issued
temporary orders stopping county assemblies from discussing or adopting NASA's People's Assembly motion.
The orders were issued
on Monday by
Justice L.N Mutende following prayers
sought by an NGO identified as Counties Development Group.
The Attorney General, the Senate and the National Assembly are listed as the first three respondents in the matter.
The 47 counties are the 4th-50th respondents.
"An interim conservatory order is hereby issued restraining the 4th-50th respondents and the members of the count y assemblies from constituting a special college for the appointment of election of members, delegations and observers to the people’s assembly or in any way participate in the people’s assembly," Justice Mutende said.
He said the orders will remain in force pending the hearing and determination of the case on January 25 next year.
Already, eight out of 19 NASA controlled counties have passed the motion.
They are Busia, Siaya, Kakamega, Vihiga, Kisumu, Homa Bay, Makueni and Migori.
NASA, which is led by Raila Odinga, said the assemblies will be formed directly by the people.
NASA is seeking to use the assemblies to push for electoral justice.
"You will be surprised to know that in counties in central Kenya, young men are already organising themselves to form these assemblies," NASA co-principal Moses Wetang'ula told journalists at the Okoa Kenya offices in Lavington, Nairobi, on November 7.
"An oligarch has perched itself at the top and forgotten that there are Kenyans at the bottom."
The motion also seeks to reject President Uhuru Kenyatta's win at the October 26 repeat election.
The election, which Raila boycotted citing various electoral malpractices, was upheld on Monday by the Supreme Court upon dismissal of all petitions challenging its legitimacy.
"The governments are not above the Constitution and the Constitutions are not above the people. The people retain the sovereign power," Raila said during the launch of the assemblies on October 31 at Okoa Kenya offices.
"This is the reason why all progressive Constitutions, the people reserve the right to exercise their sovereignity directly. The fate of all governments that usurp and abuse power is to fall," he added.
On Thursday last week, Majority Leader Aden Duale wrote to the Controller of Budget Agnes Odhiambo asking her not to approve budgets to finance the people’s assemblies.
Duale claimed in a letter that the opposition had asked counties to irregularly contribute Sh50 million each towards the initiative.
The letter was copied to Treasury CS Henry Rotich and Auditor General Edward Ouko.
"It flouts the provisions of Section 12 of the Public Finance Management Act, 2012 on county governments’ responsibilities with respect to the management and control of public finance," Duale said.
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