Sigh of relief as Kisumu County speaker reinstated

The Industrial Court sitting in Kisumu has reinstated County Assembly Speaker Ann Adul, three months after she was impeached.

Justice Hellen Wasilwa ruled that Adul’s ouster was not procedural, thus she was unlawfully removed from office by Members of the County Assembly (MCAs).

“I now make a declaration that Adul (right) remains the speaker of Kisumu County Assembly, when and until lawfully removed as prescribed by the Constitution, written and the Standing Orders,” declared Wasilwa.

The judge declared the assembly had no mandate to constitute or supervise offices of the County Assembly Service Board, thus removal of top officials, including the clerk and his deputy, was null and void.

“I declare the proceedings to remove the speaker were violations and disregard of law, hence null and void. Thus, they are of no effect since they undermined the authority of the court,” said Wasilwa.

She said the assembly sitting purported to have removed the speaker was unlawful. Wasilwa found out the procedure used to choose Samwel Ombogo as the presiding speaker during Adul’s removal was not explained, thus the process was not within the provisions of the law.

The court ruled that the county assembly failed to accord the speaker an opportunity to defend herself before the house.

“The right of the second petitioner (Adul) to be heard was flouted and she was not given a chance to defend herself. She was abused, insulted and ridiculed. The decision was arrived at after 6pm, after the court had given orders against the impeachment motion,” ruled Wasilwa.  

Adul was removed from office on October 16, after MCAs accused her of gross misconduct. Jointly with the County Assembly Service Board (first petitioner), she moved to court to petition against the impeachment.

Labour practices

The court established that the notice that was served to Adul was signed by only one MCA, Nereah Okombo, which was irregular considering the law stipulates that such a notice should be signed by at least one-third of all MCAs.

The County Assembly of Kisumu, County Executive, Eliud Ojuok, Stephen Okola, Gabriel Ochieng’ and the Attorney General were the first, second, third, fourth, fifth and sixth respondents respectively.

Wasilwa also said it was unfair and against the labour practices for Nelco Sagwe and Peter Anditi who were enjoined to the case as interested parties, to be removed as clerk and deputy clerk respectively without being accorded a hearing.