MCAS voted out lose Sh8bn salary claim
Members of the county assemblies who served in the 2013/2017 period have lost a claim of Sh8 billion which they had been awarded by the High Court.
The Court of Appeal has held that the decision which had directed the government to pay them for eight months after the August 8 General Election was made through misinterpretation of the Constitution.
Appellate judges Philip Waki, Roselyne Nambuye and William Ouko in a judgment said that the Constitution is the supreme law of the land and should not be interpreted in a manner that makes it to be in conflict with itself.
The High Court judge Edward Muriithi had held that the MCAS are entitled to an order for payment of damages for loss of income for the incomplete term of office cut short by reason of the elections being held before the expiry of their constitutional term of five years.
The appellate court, however, stated that public officers do not have a right to a public office, and that ordering that they be paid at a time when new MCAS would have also been elected into office will amount to loss of public funds.
“That interpretation was bound to create confusion given that former MCAS and presently elected MCAS will be fighting for remuneration. Public funds will thus be wasted,” appellate judges.
IEBC and the Attorney General had lodged an appeal against the High Court ruling in April that the five-year tenure for MCAS ends on March 3, 2018, in line with Article 177(4) of the Constitution.