Blow to Kisumu Speaker as Court rules his impeachment is lawful

Kisumu County Assembly Speaker Elisha Jack Oraro{in a red tie} in a celebratory mood today after the court has ruled that the impeachment of immediate former Speaker Onyango Oloo was procedural and lawful-Photo By Dickson Odhiambo.

 By Dickson Odhiambo

December 10, 2019.

Blow to Kisumu Speaker as Court rules his impeachment is lawful

Immediate Former Speaker of the County Assembly of Kisumu was lawfully impeached, a court has ruled.

The Court has said the former Immediate Speaker of the County Assembly of Kisumu Onyango Oloo who is the petitioner in the matter was informed through the use of an e-mail about the notice of motion to impeach him and was given an opportunity to defend himself.

The Court said the petitioner was informed and was aware of the notice of motion to impeach him that was communicated to him on September 17, 2019, adding that he was aware that the hearing of the motion was taking place in the afternoon of September 18, 2019 in his absence.

“The petitioner bears the primary owner of proving that he was actually indeed blocked from attending the session to defend himself,” the court said.

The court said the petitioner had been served with the notice of motion a day earlier and was very much aware of the then impending impeachment and had a chance of attending to the session for his defense following the allegations levelled against him.

The court ruled that the motion to remove the petitioner as the Speaker of the County Assembly of Kisumu was debated and supported by about 42 Members of the County Assembly.

Delivering the Judgment today, Employment and Labour relations Court Judge Justice Nduma Nderi said the petition has been dismissed because it lacks merit. 

The Court has further directed that the petitioner forthwith release the Motor vehicle registration Number 42C939A Toyota Land cruiser belonging to the second respondent in the matter which is County Assembly of Kisumu.

The Court has on the other hand ordered the Second Respondent to pay the petitioner forthwith his accrued terminal benefits unless any liability owed by the petitioner to second respondent.

The court has also directed that each part in the suit to meet their own costs of the suit.

Addressing the press immediately after the ruling, Kisumu County Assembly Speaker Elisha Oraro has welcomed the court ruling terming it a victory for the Kisumu County residents.

He said the County Assembly will now move forward and will strive to deliver in terms of legislation, representation and oversight roles.

He said under his leadership, they are working towards ensuring that the Assembly does its work in accordance to the laws.

“We are very grateful about this judgment and fully embrace our supporters for being calm throughout this period when this matter has been before the court,” Oraro said.

Speaking to the press over the phone, immediate former Kisumu County Assembly Speaker Onyango Oloo said he contemplates lodging an appeal against the court decision.

Lawyers Ken Amondi and Elisha Ngoya represented the County Assembly of Kisumu while former Retired Judge Muga Apondi and his colleague represented Onyango Oloo who is the petitioner in the suit.

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