BY NT CORRESPONDENT.
The Attorney General Githu Muigai has filed a case under certificate of urgency challenging legality of People’s Assembly.
He says the establishment of people’s assembly in 15 counties affiliated to opposition NASA is null and void.
In the court documents filed in the high court by Deputy State Counsel Charles Mutinda says that, the 15 counties have established people’s Assembly is the contravention of the constitution.
The government chief adviser said use of public resources to fund Assembly’s activities is illegal and unconstitutional.
Mr Mutinda says that the matter raises substantial question of law and of great public importance.
He says after nullification of presidential election by Supreme Court and after repeat of election as scheduled for 26 October 2017, the NASA presidential candidates to boycott the fresh election.
The attorney general further says, people’s Assembly is not envisaged by the architecture of the constitution.
“Any other mechanism other than what is provided in the constitution is an attempt to overthrow the constitution order and null and avoid” says AG.
He wants people’s Assembly declared unconstitutional.
The AG had earlier warned the action of having a parallel government amounts to treason and is punishable by death.
He said if an inauguration is not presided over by the Chief Justice, it is illegal.
Among the counties which has passed people’s assembly are Busia, Siaya, Kakamega, Vihiga, Kisumu, Homa Bay, and Migori.
