Court reinstates ousted Homa Bay County Assembly Speaker


Court reinstates ousted Homa Bay County Assembly Speaker
Homa Bay County Assembly Speaker Elizabeth Ayoo addresses the press on October 17, 2018 in Kisumu after seeking treatment and recording a statement with the DCI. PHOTO/ALLAN OBIERO

In Summary

  • Judge James Rika ordered Homa Bay Police Station OCS to ensure there is no interference with Ayoo's role as Speaker.
  • Homa Bay County Assembly Public Service Board as well as the County Assembly were also ordered not to interfere with her terms and conditions of service as the speaker.
  • Justice Rika also ordered that there should be no appointment of any other person as speaker of the assembly until the matter is heard and determined.

Kisumu High Court on Tuesday reinstated embattled Homa Bay County Assembly Speaker Elizabeth Ayoo after she was impeached last week.

Employment and Labour Relations Court Judge James Rika directed that Ms. Ayoo resume her normal duties as the Speaker, further ordering Homa Bay Police Station OCS to ensure there is no interference.

Homa Bay County Assembly Public Service Board as well as the County Assembly were also ordered not to interfere with her terms and conditions of service as the speaker.

Justice Rika also ordered that there should be no appointment of any other person as speaker of the assembly until the matter is heard and determined.

He ordered both parties to appear before Justice Nduma Nderi on December 4, 2018 for further directions.

Through her lawyer Joshua Kiptoo, the besieged speaker said she was removed from her office without due procedure since the assembly was on recess.

Kiptoo says her client was also not given adequate time to respond to the allegations that led to her removal, adding that the 22 Members of County Assembly (MCAs) who were away during her ouster also swore affidavits before court to ascertain that there was no quorum to remove her from office.

Speaking to journalists in Kisumu after obtaining the orders, Speaker Ayoo welcomed the ruling and urged MCAs to unite and respect the rule of law.

Ms. Ayoo’s removal on Thursday, November 1 followed a motion moved by Ruma Kaksingri Ward MCA Ellyphalet Osuri accusing her of among other things; lack of Integrity and leadership skills as stipulated in Chapter Six of the Constitution.

In a sitting that saw all members present vote in favour of her removal, the MCAs accused the Speaker of discriminating and mistreating Assembly members and staff.

Other grounds of her impeachment were; incompetence in discharging her duties as Speaker and the alleged stealing of the Mace – the symbol of authority from the Assembly.

Ayoo is also accused of frequent adjournments of House sittings, something the MCAs termed as unprocedural.

On October 17, she reported to the office of Directorate of Criminal Investigations (DCI) in Kisumu that her life was in danger after she was allegedly physically attacked by a section of MCAs during a session.

The embattled Speaker further alleged that the attack might have been an attempt to kill her so as to replace her in the Assembly.

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Story By Allan Obiero
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