Twenty-two (22) out of the Thirty-four (34) Members of the Nyamira County assembly (MCAs) have expressed concerns following the High court ruling, upholding the impeachment of Assembly speaker Enock Okero and declaring all actions undertaken by him thereafter as unlawful.
In his ruling at the Bomet High Court on Wednesday, High court Judge Justice Julius Kipkosgei said Okero had ceased to hold the office of Speaker of the Nyamira County Assembly upon his impeachment in October 2024 and that his continued assumption of the office was without legal basis.
Speaking in a Kisii hotel after the ruling, the MCAs swore to stay put and accused the court of being biased in its ruling.
Nyambega Gisesa, Rigoma ward MCA and majority leader, expressed dismay over the outcome, saying the court did not consider the merits of other matters pending before it.
Gisesa claimed that the impeachment was not part of any of the petitions presented before court and that some politicians had started celebrating days earlier as if they knew the outcome.
Gisesa also chastised the court for declaring that all decisions, actions, and Gazette Notices issued by Okero after his removal from office were null and void.
This was because the ruling had found that the Fiscal Strategy Paper (CFSP), issued under Okero’s authority, was illegal, null and void.
The court had ordered that CFSP Process Be Re-Routed Through the Assembly Clerk for processing in accordance with the legally mandated budget-making procedures.
Gisesa said they will consider which action to take, alleging that the judge was biased and did not address matters pending before court, including petitions by various parties.
In his ruling, the Judge had also declared that all decisions, actions, and Gazette Notices issued by Okero after his removal from office were null and void.
The Court affirmed the election of Thaddeus Nyabaro, former Ekerenyo ward MCA, as the lawful Speaker of the Nyamira County Assembly, awaiting formal gazette notice of his appointment.
Joel Ombongi Nyangau, Bokeira ward MCA, called upon the Judicial Service Commission and Chief Justice Martha Koome to intervene, saying that affirming the election of Nyabaro as the lawful Speaker of the Nyamira County Assembly Was not legal.
Abel Mukaya Mose, Magwawa ward MCA and Deputy Speaker, argued that Nyabaro could not take up the speaker’s position until the former speaker was removed procedurally.
On the cost of the court case, each party was directed to bear its own costs.
By Jane Naitore
