- High Court Judge Edward Muriithi ruled in April that the five-year tenure for MCAs ends on March 3, 2018, therefore entitling them to extra pay despite not working.
Members of the county assemblies (MCAs) who served in the 2013-2017 period have lost a claim of Sh8 billion, which they had been awarded by the High Court.
The Court of Appeal on Friday held that the decision, which had directed the government to pay them for eight months after the August 8 General Election, was a misinterpretation of the Constitution.
Appellate Judge Daniel Musinga, in a judgment he read on behalf on two other judges, said the Constitution is the supreme law of the land and should not be interpreted in a manner that makes it conflict with itself.
The High Court Judge Edward Muriithi had held that the ward reps are entitled to an order for payment of damages for loss of income for the incomplete term of office.
He held that the MCAs tenure was cut short when August 8 elections were held before the expiry of their constitutional term of five years.
The appellate court, however, stated that public officers do not have right to a public office, and paying them when new MCAs have been elected and sworn into office would amount to loss of public funds.
“That interpretation was bound to create confusion given that former MCAs and presently elected MCAs will be fighting for remuneration. Public funds will thus be wasted,” Justice Musinga.