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A court in Kisumu has ruled that Elizabeth Ayoo, who was impeached, is still the Speaker of Homa Bay pending the hearing and determination of her petition.
Ayoo had filed an application and listed Homa Bay County Assembly Public Service Board as the first respondent, followed by the county assembly. She wanted the respondents, including the Clerk, to be held in contempt of court.
The Labour and Relation Court judge Nduma Nderi cautioned the respondents or any other person from interfering with her terms and condition of services.
Justice James Rika had on November 6 granted Ayoo’s wish and restrained the respondents from appointing any other person as Speaker.
Nderi also told the Clerk not to interfere with the Speaker as she executed her duty.
He said the sergeant-at-arms should be enjoined to ensure that the orders are respected and adhered to.
“Any appointment that shall be made for the post within the assembly will be dimmed as unlawful, null and void,” Nderi said.
The judge said action will be taken against anybody who goes against the court orders.
Earlier during the hearing of the application last year, Ayoo’s advocate David Otieno claimed the orders were not adhered to.
Otieno argued that the sworn affidavit before the court indicated that Ayoo had been barred from performing her roles.
Also read: Court reinstates impeached Homa Bay speaker
“Clerk Daniel Kaudo is in contempt of court. We expected that having been served the orders, he would stop any activities that might interfere with the Speaker’s work. Instead, he swore in Evans Marieba as acting Speaker,” he told the court.
He said the proceedings that led to Mareiba being sworn in were illegally convened since the assembly was adjourned by the substantive Speaker on October 16 after the House was plunged into chaos.
Otieno noted that the acting Clerk, being the officer enjoined with the powers to apply the orders, was expected to stop any processes deemed to replace the petitioner including swearing-in of the acting Speaker.
He said sworn affidavits showed 22 MCAs were not party to the impeachment proceedings.
In a rejoinder, lawyer Peter Kaluma asked the court to consider dismissing the application on contempt of court and the petition on grounds that there was no clarity in the submissions.
Kaluma said the affidavits indicated that the orders were served to the acting Clerk after the swearing-in of the interim Speaker.
He said the substantive Speaker was never replaced but the members elected a temporary Speaker to preside over the plenary sessions in her absence.
“The assembly was not adjourned by the Speaker on October 16 as submitted before the court but was in session until the members went on recess this month,” Kaluma told the court.
The hearing of the petition is scheduled to proceed on March 5.
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