County Assemblies Forum (CAF) chairperson Johnson Osoi. He has said that MCAs will not leave office until March 2018 when their terms expire. [PHOTO/nation.co.ke]
Members of County Assemblies (MCAs) have threatened not to leave office in August, arguing that their current terms will end March 2018.
They on Tuesday that vacating office in August will mean that their terms are cut short by eight months.
According to County Assemblies Forum (CAF) chairperson Johnson Osoi, the Judiciary should interpret the necessary provisions of the Constitution over expiry of the ward-reps' terms.
“The Constitution has expressly stipulated the terms of elected leaders. We have asked the relevant organ of the state, particularly the judiciary, to interpret the law for us,” said Osoi
“I also want to make an appeal to the Senate to be cognisant of the fact that the term of these MCAs will be cut short by a whopping eight months if nothing is done on this,” he added.
He said the MCAs are the only elected leaders with office terms enshrined in the Constitution.
He challenged the Senate to safeguard these “legitimate expectations”.
“I saw in the National Assembly the other day MPs setting aside a budget to pay themselves for the remaining term in office. In case that happens, they have to ride on these provisions because the MCAs are the only ones covered by the Constitution,” he said.
“The Constitution expressly provides for term of office of or a members of the county assembly. The Constitution is express, and there is something in constitutional terms called legitimate expectation,” he added.