Nakuru County Assembly Deputy Speaker Samuel Tonui, has been awarded Ksh200,000 for being unlawfully impeached.
The High Court in Nakuru, through Justice Janet Mulwa, found that the speaker and the clerk had violated Tonui’s rights by failing to give him enough time to prepare for his defense and failing to give him all relevant documents.
“Petitioner’s right to fair administrative action has been breached by the speaker (Susan Kihika),” Justice Mulwa noted.
Mr Tonui was first elected in 2013 before he was impeached.
He then went ahead to file a case in 2015 challenging the process of his ouster.
In his application, Mr Tonui sued the then Speaker Susan Kihika, Assembly clerk Joseph Malinda and MCA Moses Kipkoros Tuei for initiating and allegedly manipulating the MCAs to vote him out.
He also accused the then Speaker Kihika and the clerk for entertaining a motion to amend the assembly Standing Orders leading to his impeachment and replacement.
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The court learnt that Tonui’s impeachment notice was served to him one hour before it was debated and approved by the house.
A move that is contrary to the provisions of the law which required that one is served with the motion at least two hours prior so as to prepare for his defense.
He was later elected as the deputy speaker of the county assembly.
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