FOR GOV. SIMBA ARATI TO DECLARE HIMSELF BOGIAKUMU MCA, IT IS ILLEGAL AND OUT OF ORDER.
The Governor said that he will do everything that is supposed to be done in Bogiakumu Ward.
Kisii County Governor Paul Simba Arati caused controversy on 29th October 2023 in a church service when he declared himself MCA for Bogiakumu Ward. For the record, the elected MCA for Bogiakumu Ward is Hon. Ishmael Matundura who was elected in 2022 general elections under ODM ticket.
The declaration by the Governor was shocking and confusing at the same time. "You voted for me and the MCA of my Party who has now lost direction. I want to assure you, officially I am the BogiakumuBogiakumu MCA and the Kisii County Governor." Governor Simba Arati said.
Now, here are the questions that must be asked and must be answered.
Under which law did the Governor make such declaration. Was it justified?
Does the declaration go against separation of powers and the independence of the County Assembly and by extenstion individual MCA's?
In Kisii County, is it the Governor's way or the highway.
What next and how many more MCA's is the Governor going to impeach illegally.
and ofcourse, Are we likely to see more os such declarations for instance what will it take for the Governor to declare himself the ultimate MCA of Kisii County wards?
As per the law; Article 194 highlights the circumstances under which a Member of The County Assembly can lose his seat. Is any of them mentioneor applicable in the forementioned case of Bogiakumu.
Now that the Governor is the self declared MCA of Bogaikumu then where does that leave the elected MCA of Bogiakumu Hon. Ishmael Matundura? Did the Governor upset the consitution by declaring himself as an MCA?
In conclusion, The Governor of Kisii County should be called out by stakeholders on overreaching his mandate. The declaration leaves MCAs in awkward positions and compromises their independence. It can be taken as a warnig to other MCA's that if you appear to be agaisnt the Governor, the Governor can remove you from your position and that brings out the whole issue of toothless MCAs, Governors puppets and all other accusations that have been thrown against MCA into light once more.
Until it is otherwise communicated, the MCAs are helpless.
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