Ten Nyamira Members of County Assembly (MCAs) who were expelled four days ago were offered a relief after the High Court reinstated them pending hearing of their petition against the move.
Nyamira High Court Resident Judge Wilfrida Okwany handed the MCAs temporary relief after she dismissed a counter application by the Assembly.
The judge dismissed them on grounds that the decision by the House was final and was not subject to appeal.
The Assembly’s advocate Mokua Ndubi argued that the High Court had no jurisdiction to hear the case that was filed by the MCAs.
The judge said the court has powers to hear such matters especially owing to the fact that violation of the Constitution had been cited in the application.
The Ward Reps had moved to court to seek redress of the Assembly’s plenary decision to strike them out of the payroll and send some of them away.
The 10 MCAs are Nyambega Gisesa (Rigoma Ward), Joel Ombongi (Bokeira), Martha Marua (ANC), Janerose Nafula Nyakundi (ODM), Jeriah Nyakangi (UPA), Zipporah Matundura(Wiper), Elijah Abere(UPA), Ednah Obara(UPA) and Beatrice Onyancha(UPA), as well as the other two who were suspended including Itibo MCA Lamech Sikweya (10 sittings) and Magwagwa MCA Mose Abel Mokaya (16 sittings).
In the sworn affidavits, the MCAs through their advocate Zelmer Bonuke argued that their suspensions were illegal owing to the fact that there were many cases that were pending before the same courts that directly touched on the many issues surrounding governance of the Assembly.
The case will come up for hearing on July 30, 2025.
The MCAs were suspended from the House for absenteeism.
The disciplinary measure against the ten appeared to mark a fresh twist to violent wrangles that had been dogging assemby since the Impeachment of speaker Enock Okero.
New speaker Thaddeus Nyabaro accused the faction of flouting the law by skipping at least eight consecutive plenary sessions.
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