Githurai residents were caught by surprise this week after news spread that their Member of the County Assembly, Deonysias Mwangi, had resigned.
What seemed like a straightforward exit quickly turned into a legal and political tussle after Nairobi County Assembly Speaker, Kennedy Ng’ondi, announced that the resignation was null and void.
According to the Speaker, Mwangi’s letter had not been signed, making it invalid and therefore unacceptable under the law.
The issue began on Wednesday, September 17, when Mwangi reportedly sent a letter of resignation to the Speaker.
By Friday, Ng’ondi clarified that he could not accept the letter because it failed to meet the basic requirement of bearing the MCA’s signature.
The unsigned document soon leaked online, sparking debate on whether Mwangi had indeed stepped down or not.
Mwangi later admitted that the letter had leaked without his knowledge, and while he had no hand in making it public, he insisted that he still intended to resign once he managed to meet the Speaker in person.
“It is true that I have resigned as the Githurai MCA. Unfortunately, the letter that I intended to send to the Speaker confirming my resignation leaked before the Speaker could receive the letter. However, I have not been able to access him for the past three days as he had been out conducting other duties,” Mwangi explained.
His frustrations, he said, stem from what he described as a failure by the Nairobi County Executive to deliver development projects and provide basic services to his ward.
Mwangi, who is a member of the ruling United Democratic Alliance party, claimed that despite his persistent efforts in the Assembly and through committees, Githurai remained neglected.
Residents, he argued, had endured stalled projects, poor infrastructure, and a lack of essential services, making it difficult for him to continue serving effectively.
Under Article 194(1)(d) of the Constitution of Kenya, an MCA can only resign by writing a formal letter to the Speaker. The Speaker must then acknowledge it, declare the seat vacant, and notify the Independent Electoral and Boundaries Commission (IEBC).
IEBC is required to hold a by-election within 90 days unless the vacancy arises within three months of a General Election.
If the MCA was elected, a by-election is conducted in the ward, but if the MCA was nominated, the party selects a replacement.
Once resignation is confirmed, the MCA immediately loses salary, allowances, and privileges tied to the office but may still access pension benefits if eligible.
Resignations tied to political defections outside legally permitted timelines could also trigger legal disputes.
Mwangi’s case now stands as a reminder that proper procedure must be followed when public officers step down. While his intention to resign is clear, it can only take effect once he formally presents a signed letter and the Speaker acknowledges it.
Until then, his future as Githurai’s representative remains uncertain.
