The High Court in Kisumu has upheld the impeachment of Kisumu Speaker Onyango Oloo.
Oloo was impeached by the county assembly on September 18 but filed a case seeking reinstatement and full benefits.
Yesterday, Justice Nduma Nderi of the Employment and Labour Relations Court said that the impeachment met the threshold set under the constitution and assembly standing orders.
“The impeachment motion was passed by 42 members of county assembly constituting 75 per cent of the MCAs,” he said.
The judge directed Oloo to return all the assets and properties belonging to the county assembly which were in his possession.
There were celebrations at the Kisumu assembly following the dismissal of Oloo's case.
MCAs accompanied by Kisumu youths chanted that Oloo should now go and clear his name with the ethics agency and leave the assembly to continue working in peace.
The assembly had cited an active corruption investigation at the Lake Basin Development Authority against him Oloo in their impeachment motion.
Oloo becomes the first speaker to have his impeachment upheld by a court of law since 2013.
Ex-Kisumu Speaker Anne Aduol, Nairobi Speaker Beatrice Elachi, Homa Bay Speaker Elizabeth Ayoo all had their impeachments revoked by the courts.
The ex-speaker, however, said he will appeal the high court decision.
When Oloo petitioned the courts for his reinstatement, he cited failure to follow the procedure in the impeachment process.
The assembly and its service board were the respondents while acting Speaker Elisha Oraro and two others were listed as interested parties.
In the court documents, Oloo said that he was not allowed to defend himself.
He said, through lawyer Muga Apondi, that the actions by the assembly resulted in an infringement on his fundamental rights and freedoms.
“It is in the interest of justice that this honourable court intervenes at this juncture to arrest the illegality and violations of the Constitution and the law,” he said.
However, Justice Nderi noted that Oloo was summoned by the assembly to defend himself against the accusations but failed to appear.
He further said that Oloo noted that he was summoned by the assembly but failed to convince the court as to why he did to appear before them.
Oloo while filling the case claimed that his replacement was a contravention of the provisions of Article 178 (1) of the Constitution.
He also fought to have all the benefits, allowances and privileges he enjoyed as the speaker of the county assembly reinstated.
But the assembly said his impeachment was lawful as the decision of the house business committee was communicated to him.
Acting speaker Elisha Oraro said that the court had finally vindicated them.
He thanked the court for the decision, saying that justice had taken its course and the voice of the people heard.
“We will proceed with our work at the assembly to serve the people of Kisumu,” he said.
(edited by O. Owino)
