Kisii County: Reprieve for Speaker as court stops his impeachment
Kisii high court judge Justice Roselyn Ougo has given Kisii County Assembly Speaker, David Ondimu Kombo reprieve to remain in office and work until a case challenging his impeachment is determined.
On, the Judge also directed that conservatory orders given by the court restraining his impeachment and subsequent vacation from office remain in force.
Kombo had, through lawyer Wilkins Ochoki sued County Assembly of Kisii, first respondent Samwel Onuko, second respondent and Clerk, James Nyaoga, County Assembly of Kisii to challenge the impeachment presided over by Onuko, then Acting County Assembly Speaker.
The Judge, who conducted the case virtually, directed the parties’ lawyers, Ochoki for Kombo, Abel Momanyi, Onuko and Ogutu Mboya, for Nyaoga to file their submissions and serve them ahead of the verdict on July 1.
She suspended impending recruitment of the new Speaker by the County Assembly Service Board, saying orders issued by Justice Anthony Ndung’u were still in force.
“The same orders have now been extended to July 1 when the matter would be heard,” Justice Ougo said during the online session.
The Judge noted preliminary objections raised by Onuko, the second responded would be highlighted and heard during the submissions.
Onuko, who is Boochi Borabu Member of Kisii County Assembly, has been enjoined in the case for presiding over the impeachment of Speaker Kombo.
In his preliminary objection, Onuko averred orders issued by the court were invalid since the Speaker, the petitioner had since been degazzetted through a Special Gazette Notice issued on May 31, 2021.
The Gazette Notice issued by Nyaoga reads in part “ … On Wednesday 26 May 2021, the County Assembly of Kisii approved a motion for the removal from office of David Ondimu Kombo, the Speaker of Kisii County Assembly of Kisii.
Ochoki, Kombo’s Lawyer urged the court to ensure both parties commit to follow due process of the law by obeying the orders pertaining to the impeachment and degazzetment of the Speaker.
The Speaker’s seat was declared vacant in the Special gazette Notice and interested applicants directed to pick nomination papers from Clerk Nyaoga’s office.
Onuko, who has since handed over to Deputy speaker, Davins Onuso told People Daily he will abide by the court’s orders throughout the proceedings.