SPEAKERS OF THE 47 COUNTY ASSEMBLIES V. COMMISSION ON IMPLEMENTATION OF THE CONSTITUTION, ETHICS AND ANTI-CORRUPTION COMMISSION & SALARIES AND REMUNERATION COMMISSION

RULING

INTRODUCTION

[1] This Reference was moved by the Speakers of the 47 County Assemblies as established under Article 178(1) of the Constitution of Kenya, 2010. The mandate of the Speakers is to preside over the sittings of the various County Assemblies.

[2] The applicant, by its Reference dated 6^th August 2014 (filed on 7^th August, 2014), seeks an Advisory Opinion, pursuant to Article 163(6) of the Constitution. The issues raised are as follows:

whether a Constitutional Commission or an Independent Office can, by way of a Circular, regulate the internal affairs of a County Assembly, such as sittings of such an Assembly, or a County Government organ established under Article 176(1) of the Constitution of Kenya;

whether a member of a County Assembly enjoys immunity from civil or criminal proceedings for words spoken before, or matter brought against him/her in the National County Assembly?

what constitutes valid grounds for removal of a Speaker of a County Assembly?

BACKGROUND

Preliminary…