Senate directs Machakos County Assembly to resume Plenary sessions

Senate has ordered Machakos County Assembly Speaker and Members of County Assembly to resume their plenary sessions, operations, and other programs within seven days.

 This is after the County Assembly Speaker Anne Kiusya suspended the business of the House indefinitely on April 8, 2025, following a brawl in the precincts of the County Assembly.

 Matters got out of hand during a meeting of the County Assembly’s House Business Committee that was processing and planning the agenda of the House, as the committee disagreed on the items to be transacted on the floor of the House, with members engaging in a fistfight.

 Members of the County Assembly, led by Majority Leader Nicholas Nziok,a told the Senate Devolution and Intergovernmental Relations Committee that the Speaker should be held accountable for abuse of power and violation of constitutional principles. 

“I would like to tell the Senate that the suspension of the Machakos County Assembly by the Speaker was illegal, lacked constitutional basis and continues to impair governance and service delivery with our speaker's misinterpretation of constitution and the County Government’s Acts” said Nzioka.

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He told Senators that the Speaker usurped the Assembly’s legislative mandate and had no legal basis accusing the Speaker of invoking the decision of the County Assembly Service Board to manage legislative sessions and that it is an abuse of office and a violation of the doctrine of separation of powers.

 The Majority Leader argued that the County Assembly Service Board does not have the mandate to suspend or lift the suspension of plenary or committee sittings, or determine the County Assembly calendar.

 “The Speaker’s invocation of the decision of the County Assembly Service Board to manage the legislative session is an abuse of office and a violation of the doctrine of separation of powers,” said Nzioka.

 Nzioka told the committee chaired by Wajir Senator Mohamud Abbass that the suspension of the County Assembly led to legislative paralysis, budget delays, oversight obstruction and service delivery impact.

 Kiusya defended her decision to suspend the activities of the County Assembly citing security reasons, stating that the decision to suspend the Assembly's sittings was not unilateral and it was made after a consultation with the Clerk.

 “In suspending the committee and plenary sittings of the County Assembly, the Speaker exercised the discretion under the Standing Orders to stop the operations of the Assembly until the safety of the Speaker, members and staff is assured,” said Kiusya.

 The Speaker explained that Members of the County Assembly and the staff could not undertake the Assembly’s business at the risk of personal injury, risk to life, chaos, disorder, verbal attack, anarchy and the general violation of the law.

 Kiambu Senator Karungo Thangwa asked why during the House Business Committee session, there were no Hansard records to which the Speaker responded that she was not sure the Hansard works because she had never used it even once.

 Kiusya stated that the County officials, Hansard officers and even some sergeant officers were not allowed into the Speaker's boardroom during the meeting, which later turned ugly with Members going at each other.

 “I have already lifted the suspension of the County Assembly plenary and committee sittings, which will now enable the house, meet the statutory timeliness for the various Assembly processes including the budget-making process,” said Kiusya.

 The Speaker further told the committee that the Assembly has since enhanced security in its precincts by extending the height of the perimeter wall to stop any unauthorized persons into the Assembly, installed an electric fence and razor wire all around the perimeter wall.

 Having listened to both factions, the Senate committee condemned the physical confrontations among Members of the County Assembly, resolving that they should operate within the law and never resort to physical confrontations as such action is contrary to Chapter Six of the constitution.

 Abbass said that given that the County Assembly of Machakos is currently on recess, the Senate was recommending that the County Assembly of Machakos should convene immediately in accordance with its Standing Orders relating to the convening of special sittings to consider pending legislative business to avoid further delays.

The Members of County Assembly and the Speaker had also accused the County Executive Committee Member (CECM) in charge of Finance for withholding funds of the County Assembly citing an irregular composition of the County Assembly Service Board. 

 “The Senate notes that such withholding of funds is unjustified and unfounded in law. Therefore, the CECM Finance should release funds to the County Assembly forthwith with the CASB not having the mandate to determine the calendar of the Assembly or house business,” said Abbas.