Twist as Githurai MCA’s Resignation Declared Invalid
A fresh political drama has unfolded in Nairobi after County Assembly Speaker, Kennedy Ng’ondi, dismissed the resignation of Githurai Member of the County Assembly (MCA), Deonysias Mwangi, terming it null and void.
Speaking on Friday, September 19, the Speaker announced that he could not accept Mwangi’s resignation letter since it was not signed by the ward representative, making it incomplete and procedurally invalid.
Mwangi had reportedly submitted the letter on Wednesday, September 17, intending to step down from his role. However, the Speaker maintained that the MCA failed to follow the proper procedure, especially the requirement of appending his personal signature.
Letter Leaked Online
Interestingly, the MCA’s resignation letter surfaced online before the Speaker could officially handle it, sparking confusion and speculation.
Mwangi clarified that he had not leaked the document himself. He explained that while the letter did find its way into the public domain, his main challenge was that he had been unable to meet Speaker Ng’ondi in person to formalise his resignation.
“It is true that I have resigned as the Githurai MCA. Unfortunately, the letter I intended to submit was leaked before the Speaker could receive it. I have not been able to meet him for the past three days as he has been away on official duties. Once I get that meeting, I will make my resignation official,” Mwangi stated.
Reasons Behind His Exit
Mwangi, who was elected under the United Democratic Alliance (UDA) ticket, cited deep frustrations with the Nairobi County Executive. He accused the leadership of repeatedly failing to implement development projects and provide essential services to the residents of Githurai.
According to the MCA, his ward has been left behind despite his constant push for change through debates in the Assembly and active participation in committee work. He described the situation as “systemic failure,” saying his efforts had been met with neglect from the county government.
How MCA Resignations Work in Kenya
The resignation of a County Assembly Member in Kenya is guided by Article 194(1)(d) of the Constitution of Kenya, 2010.
When an MCA decides to resign, the law requires them to write a formal resignation letter to the Speaker of the County Assembly. The Speaker must then acknowledge and accept the letter to make the resignation valid.
After that, the Speaker officially declares the seat vacant and informs the Independent Electoral and Boundaries Commission (IEBC). Once notified, IEBC is mandated to organise a by-election within 90 days, unless the vacancy arises within three months of the next General Election.
In cases where the MCA was elected directly by voters, the by-election takes place in the affected ward. If the MCA was nominated by a political party, the party instead nominates a replacement to fill the position.
Once a resignation is confirmed, the MCA immediately loses all privileges of the office, including salary and allowances. However, if they have served long enough, they may still qualify for pension benefits under the retirement scheme.
A resignation can also bring about legal or political complications, especially if the MCA steps down with the intention of joining another political party outside the officially permitted timeframes. Such cases could trigger disputes linked to party loyalty and membership laws.
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