Machakos MCAs on Tuesday passed a vote declaring the governor’s seat vacant following the court’s annulment of Alfred Mutua’s election.
This follows Court of Appeal’s decision to nullify his election arguing that the county boss was not validly elected after a successful appeal filed by Wavinya Ndeti of Wiper to challenge the High Court’s verdict which said Mutua was duly elected in August 2017.
The MCAs voted 43 out of 59 and declared Mutua ceased to be governor the moment the Appeals court made the ruling and directed IEBC to conduct a fresh election.
The motion sponsored by Ekalakala MCA Stephen Mwanthi was discussed on grounds the governor has not served the county assembly with his notice of appeal notice at the Supreme Court.
“We are treating it as rumours,” the member said.
However, the governor has seven days from the date of the judgement to file the notice at the Supreme Court. This can guarantee him a 30-day stay order within which he must file the appeal itself.
In the event the governor fails to file the notice within the said seven days, the speaker can go ahead to issue writs declaring the seat vacant in wait for a by-election in 60 days.
But the ward reps, apparently oblivious of the requirement, said the county’s speaker Florence Mwangangi should assume the governor’s position with immediate effect.
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