• The three suspects face a six-month jail term if found guilty
• Impeached Speaker was reinstated pending determination of her case
Embattled Homa Bay Speaker Elizabeth Ayoo wants two MCAs and a Sergeant-at-arms to be held in contempt of court.
They are acting Speaker Evans Marieba, Michael Nyangii, and Sergeant-at-arms Gabriel Awiti.
Ayoo, who was impeached on November 1, last year, was reinstated by the court pending the hearing and determination of the case.
Her lawyer David Otieno told the Star on Tuesday that court orders were not obeyed and the officials should be punished. He said Ayoo has not been able to perform her duties.
This application was filed on March 13, a week after also filing an application on the same against the Clerk Daniel Kaudo.
Should the case succeed, the suspects each face six months in jail.
Otieno said it is unfortunate that the Sergeant-at-arms who was given orders by the court failed to adhere to them.
He requested the case to be heard together with the one earlier filed against Kaudo.
On February 7, Labour and Relations Court judge Nduma Nderi cautioned the respondents or any other person from interfering with Ayoo’s terms and condition of services.
That is after Justice James Rika had granted Ayoo's wish and restrained the respondents from appointing another Speaker on November 6, last year.
Nderi also told the Clerk not to interfere with the Speaker as she executed her duties.
“The petitioner is to be fully facilitated by the respondent and the Clerk to her office in the assembly without interference," he said.
He said the Sergeant-at-arms should be enjoined to ensure that the orders are respected and adhered to.
"Any appointment that shall be made for the post within the assembly will be deemed as unlawful, null and void," Nderi said.
The judge said action will be taken against anybody who goes against the court orders.
This matter was supposed to be heard on April 6. However, Justice Nderi said it will be heard on the same date when the contempt of court case against the Clerk will be heard on May 7.