Edward Oringe Waswa has officially assumed office as the Bungoma County Attorney after a legal petition challenging his appointment was withdrawn, effectively clearing the way for him to begin his duties.
The petition, filed at the Employment and Labour Relations Court in Kakamega by Tome Francis and Peter Nabiriki, was voluntarily dropped.
The petitioners cited conflicting provisions in the County Attorney Act that complicated their legal challenge and made it difficult to sustain the case.
Addressing the court, Tome highlighted inconsistencies between Section 4(1) and Section 5 of the Act. Section 4(1) defines the County Attorney’s office as a public office, suggesting the appointment should go through the County Public Service Board.
In contrast, Section 5 grants the Governor the authority to appoint the County Attorney with the approval of the County Assembly.
“In light of the legal ambiguity, Governor Kenneth Lusaka cannot be faulted for Mr. Waswa’s appointment under the current framework,” Tome told the court.
He further stated his intention to petition Parliament to harmonise the contradictory provisions through legislative interpretation and amendment.
Justice David Nderitu, who presided over the matter, accepted the petitioners' withdrawal and ordered the case closed with no costs awarded to either party.
With the legal obstacle removed, Waswa, who had already been sworn in on April 24 following his successful vetting by the County Assembly, can now formally execute the responsibilities of the office.
Waswa holds both a Bachelor’s and Master’s degrees in Law from the University of Nairobi and is an Advocate of the High Court of Kenya.
His professional background includes working with top legal firms, among them Orengo & Company Advocates.
During the swearing-in ceremony held at the Bungoma County Headquarters, Waswa pledged to uphold the Constitution, maintain professional integrity, and serve the county’s interests diligently.
“I am committed to ensuring the rule of law is upheld and that the legal affairs of this county are managed with transparency and excellence,” he said.
The County Government of Bungoma welcomed the development, signalling a new chapter in its legal affairs department.
