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Kenya Constitution Could Sack Governors & MCAs as The Constitution Defends Itself

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Kenya Constitution continues to lift Kenya high up. Kenya Constitution continues to lift Kenya high up.

Governors and Members of County Assembly could find themselves jobless if it is established that they have become party to violation of Kenya Constitution article 3. (2) “Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.” The President, an independent Commission and a Majority vote in Senate can suspend and make seats of any County Government vacant and a new Election held in 90 days per Kenya Constitution article 192. This is one of the many ways the Constitution defends itself.

Kenya Newspaper Report: Nasa would push for the formation of the People Assembly to run Kenya until a legitimate executive is elected and formed. The People’s Assembly will have the youth, religious leaders, economic interest groups and the civil society.

Kenya Constitution 3. (2) Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.”

Kenya Newspaper Report: Nasa would present petitions for the establishment of the new outfit to govern Kenya to county assemblies for discussion and adoption. “The assembly's timetable to be released soon,” he said.

Kenya Constitution 192. (1) The President may suspend a county government— (a) in an emergency arising out of internal conflict or war; or (b) in any other exceptional circumstances. (2) A county government shall not be suspended under clause (1) (b) unless an independent commission of inquiry has investigated allegations against the ounty government, the President is satisfied that the allegations are justified and the Senate has authorised the suspension. (3) During a suspension under this Article, arrangements shall be made for the performance of the functions of a county government in accordance with an Act of Parliament. (4) The Senate may at any time terminate the suspension. (5) A suspension under this Article shall not extend beyond a period of ninety days. (6) On the expiry of the period provided for under clause (5), elections for the relevant county government shall be held.

Conclusion

If a County Government discusses and adopts anything without following the constitution this could violate Kenya Constitution article 3. (2). An Independent Commission of inquiry would then investigate. If the Independent Commission rules that this adopted resolution is the formation of government other than in compliance with the constitution the President and a majority vote to Senate would make the seats vacant.

MCAs and Governors cannot support a violation of Kenya Constitution without risking their Constitutional Jobs.

Article 192 is a Kenya Constitution defence system that further draws its power from article 3. (1) Every person has an obligation to respect, uphold and defend this Constitution. and 131. (1) The President— (a) respect, uphold and safeguard this Constitution. 

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DUT
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