RULING
A. Introduction
(1)The Reference before the Court is dated 15th March 2018, and lodged on 19th March, 2018. It seeks this Court’s Advisory Opinion, as to whether, the continued stay in office after a general election, of a serving County Executive Committee (“CEC”) or of CEC Members whose re-appointment has been rejected by a County Assembly, is legal in lieu of Section 47 of the County Governments Act, and whether, such a CEC can hold office indefinitely or until a new Committee is constituted.
B. The Application
(2)The interested parties, pursuant to their admission as such, in a Ruling delivered on 23rd January 2020, have filed an application dated 5th March, 2020 and supported by the Affidavit of Adan Kullow. They seek Orders to strike out the Reference on grounds that the County Assembly of Mandera, lacks the competence to make a request for an Advisory Opinion. They also submit that the questions raised in the Reference, have been previously litigated. It is their case that, …