High Court rejects election of new Nyamira Assembly Speaker
By Evans Nyakundi, February 3, 2025Ekerenyo Ward MCA Thaddeus Nyabaroon Friday suffered a major setback after the High in Nyamira overturned his election as the county assembly Speaker.
The court ruled that the assembly erred by electing Nyabaro as there were conservatory orders stopping the assembly from taking any action against Enock Okero, who was ousted as Speaker until the matter filed before it had been heard and determined.
Nyabaro had been elected by the assembly to replace Okero. The High Court observed that the conservatory orders maintaining the status quo remained in place and could therefore not recognise the election of Nyabaro.
Justice Wilfrida Okwany also quashed orders that had been sought by the Nyabaro faction against the implementation of three adverse gazette notices.
Nyabaro, who until the elections that the court had declared null and void, was deputy Speaker and some members of the assembly had moved to the Kisii High Court, seeking an injunction against implementation of the gazette notices that validated the appointment of a new acting Clerk Silvanus Nyamora.
Call for tolerance
They also sought to quash a gazette notice that announced the leadership of the County Assembly Service Board leadership and another that announced the decision of the House leadership to conduct “Bunge Mashinani” sittings away from the precincts of the legislative arm.
While delivering the ruling on the judicial review application that had been filed by the county assembly versus the embattled Okero, Justice Okwany said the orders issued by a sister court in Kisii when she was on leave were in clear controvention of orders she had earlier issued and that the litigants could not be granted conservatory orders.
The Nyabaro faction had filed the judicial review application to counter the gazette publications that saw Okero and the County Assembly Service Board institute a disciplinary process against then acting Clerk Duke Onyari.
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