We Are Not Fighting Women, Kiambu Elected MCAs Say Over Delegation Voting System In The Assembly
Nominate MCAs celebrating outside the Kiambu County Assembly after the court issued conservatory orders to suspend the debating and passing of a motion that seeks to ammend standing orders to allow voting through a delegation system.
By Felix Njenga
Worth Noting:
- “I have been portrayed in a bad image through the social media through photos and wordings done though the governor’s communication team which is unfortunate because the executive does not support the motion,” he said.
- He said that the aim for the motion was to have equal voting rights of members in all sub counties since some sub counties are over represented.
- “Some sub counties are disadvantaged in representation like Kiambu and Lari subcounties since it is only elected members who are there to vote for bills and motions. In Thika subcounty with five wards there are an additional seven nominated members,” he said.
The Kiambu County Assembly elected members have laid blame on the county executive for orchestrating a fight between them with nominated members by spreading rumours that they are fighting women due to a pending motion that seeks to have the assembly vote through a delegation system.
A motion which has been given notice to be tabled by Hezron Njoroge MCA Riabai ward that was seeking to have the 85 MCAs be voting in a delegation system was stopped through a court order after a communication was done by Speaker Charles Thiong’o when the motion was about to be tabled.
“The motion has been blown out of proportion that we are fighting against women leaders who are mainly the ones nominated. The motion does not prohibit the nominated leaders to vote but they would vote through a delegation system just like the senate where the assemblies borrow a leaf from,” Njoroge said.
He alleged that the Executive Communication team has used his past photos while addressing a church congregation that he attended in company of governor Kimani Wamatangi in his ward and attached provoking words against women so that they can injure his image and construe the information as his own words which was false.
“I have been portrayed in a bad image through the social media through photos and wordings done though the governor’s communication team which is unfortunate because the executive does not support the motion,” he said.
He said that the aim for the motion was to have equal voting rights of members in all sub counties since some sub counties are over represented.
“Some sub counties are disadvantaged in representation like Kiambu and Lari subcounties since it is only elected members who are there to vote for bills and motions. In Thika subcounty with five wards there are an additional seven nominated members,” he said.
He said that all counties have a discretion of amending their standing orders to fit inclusivity and has been done before.
To halt the motion from being tabled, nominated county assembly members Rahab Mwaura, Alice Kamau and Tabitha Wangui moved to Kiambu high court and applied for a constitutional petition where Justice Abigail Mshila gave conservatory orders to suspend the debating and passing of the motion.
” Pending hearing and determination of application by the court suspends the debating and passing of a motion dated November 11, 2024 intended to insert an amendment on standing order 275 of the Kiambu County Assembly standing orders which has the effect of restraining and preventing the assembly on any question affecting wards and money bills proposed by county assembly,’ read part of the orders.
The court further issued orders that the county assembly of Kiambu be prohibited from discussing, debating and or in any way dealing with the motion intended to insert an amendment of the standing order.
The court fixed the mention of the matter on February 13 next year.
The elected members called on the Judicial service Commission (JSC) to investigate the conduct of the high court of Kiambu in interfering with county assembly legislation yet it is an independent institution.
“The Kiambu executive is using the Kiambu high court to intimidate the role of legislation of the assembly. We have received a record 8 court orders barring the assembly not to legislate on matters that the executive does not want,” Macharia Wambui Limuru east MCA said.
Joachim Njama Ngoliba ward MCA said that the elected MCAs are not fighting the governor but they want accountability of the money meant for development.
“We are not prohibiting any nominated MCA from voting, we are simply saying that as Thika subcounty leaders we have a common vote and not disadvantage other sub counties which do not have much nominated members representation. We want the Governor to be accountable for the development within the county,” he said.
He said that the courts should not be used to stop the process of the assembly as the assembly enjoys autonomy.
“By stopping a legislative process before it is tabled by the high court is unacceptable, those aggrieved should have waited for the motion to be tabled and challenge it in court. We will move to court also to petition the autonomy of the assembly,” he said.
The members gave instances where the executive has allegedly used the nominated members to pass bills in their favour.
” We passed Sh 600 million for roads rehabilitation and construction but the governor went in Lari subcounty and gave out gumboots hence money being redirected yet the nominated mcas are there clapping for the governor. The nominated members were also used to passing a bill where level 2 and 3 hospitals are charging residents for services and medication where we had passed a bill which was enacted to exempt residents from paying,” they said.
The elected members noted that some nominated members of the assembly do not hail from the county and were brought in by the ruling party United Democratic Alliance (UDA) party.
“Some nominated leaders were nominated into the Kiambu assembly yet they did not even vote in the county. they may not hold the wishes of kiambu residents and that is why a delegation system of voting is worthwhile. We urge political parties to be nominating wisely,” they said.
The Kiambu County assembly has 60 elected members with 25 nominated members. 11 nominated members are not indigenous kiambu county residents.
In the current assembly standing orders all members are eligible to vote where a simple majority of 28 members can approve or pass bills and motions.
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