Blow to MCAs as Supreme Court dismisses Sh8bn payout bid
The Supreme Court has dismissed a petition filed by Members of County Assembly (MCAs) pushing to be paid about Sh8 billion, which they claim was as a result of reduction of their terms ahead of the 2017 General Election.
According to the MCAs, their five-year term should have expired on March 3, 2018 but the election date was set for August 8, 2017. Appearing before the Supreme Court, the MCAs, through the County Assemblies Forum, argued that it was wrong for the Court of Appeal to overturn their compensation, yet their term was reduced by eight months.
They argued that since the law provides that county assemblies are elected for a period of five years, holding the poll in August cut their term by five months for which they must be compensated.
Through lawyer Charles Njenga, the MCAs had argued before a bench presided by Chief Justice Martha Koome that if former members of the Independent Electoral and Boundaries Commission (IEBC) were compensated for loss of term, then the same should apply for them.
However, in a decision issued on Friday, the Supreme Court dismissed the bid, saying public office is exercised for the benefit of members of the public and not the office holder.
"The holders of elective office vie and hold office, not for their private benefit but for the benefit of their constituents on whose behalf they act. The MCAs term in office ended by operation of the Constitution, thereby their claim for legitimate expectation lacked merit," the court said in a statement.
The High Court had in 2017 ruled that they should be paid for their full five-year tenure. BY DAILY NATION
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