The Employment and Labour Relations court on Thursday reinstated four members of the county public service board who were impeached by the county assembly.
Judge Jemimah Keli ordered the immediate reinstatement of Catherine Omweno (Chairperson) and members Stanley Were, Ralph Wangatiah, and Joel Omukoko and awarded each of the four board members Sh 1 million in damages plus the cost of the suit.
The four moved to court and filed a petition challenging their impeachment by the county assembly on the night of November 14.
Keli said that the process of impeachment was flawed and violated the rights of the four members impeached.
Judge Keli said that even ward reps who were not members of the County Assembly Public Service and Administration signed the supposed impeachment report.
“The notice for attendance did not meet the threshold under law. The grounds under Article 251 of the Constitution were not established, the assembly having determined the petition before it in the manner it did, it is functus officio, none remains hanging,” she said.
She quashed letters of sacking handed to the four saying they violated the constitution and the rush proceedings were unlawful and stopped Kakamega Governor Fernandes Barasa, county assembly and the county of Kakamega who were named as first, second and third respondents in the petition from removing the four from office.
But Barasa’s lawyer, Patrick Lutta, applied for stay orders to prevent the petitioners from resuming office on grounds that he intends to appeal the decision of the court.
Impeachment of the four came after hearing and voting on a petition fed by a resident Dennis Muhanda who sought their removal from office.
He tabled charges of serious violation of the constitution, violation of chapter 6 of the constitution, breach of statute law, abuse of office, gross misconduct, conflict of interest and incompetence against the board member.
