The Court of Appeal on Friday ruled that MCAs who served between the 2013-2017 period should not be paid for the 8 months not served in their five year term which ended in August.
This is after the High Court ruled in April that the Members of County Assembly were entitled to get their full-five year salary up to March 2018 even though an election was held in August 8 this year. Taxpayers were expected to foot the Ksh.4.2 billion bill.
Attorney General Githu Muigai appealed the verdict by High Court judge Edward Muriithi that the five-year tenure for Members of County Assemblies (MCAs) ends March 3, 2018 in line with Article 177(4) of the Constitution and hence should be paid their dues.
In his argument, the AG said that the judge made an error in law by failing to appreciate that Article 194(1)(f) of the constitution which provides that the office of MCA becomes vacant at the end of the term of the assembly, which is just before the General Election are held.