• “For the national and devolved levels to function during an election period, certain functions cannot be suspended, otherwise there would be chaos,” Ogenga said.
• The Siaya speaker position has attracted 11 other candidates.
Siaya clerk Eric Ogenga on Monday said no law bars speaker George Okode from seeking a third term.
Last Thursday, Samuel Nundu, through advocate Willis Otieno Ogola of Otieno Ogola and Company Advocates, sought to disqualify Okode on grounds he did not resign six months before election.
Nundu wanted Okode found to have flouted Section 43 (5) of the Elections Act (2011), which requires a public officer who intends to contest an election to resign from public office at least six months before the election date.
Ogenga however said Okode was not supposed to resign as per Section 43 (6) of the same Act, which exempts the president, deputy president, MP, governor, deputy governor or MCA from resigning as per subsection 5.
The clerk interpreted the Election petition No 1 of 2013 Eklr, Kipkemoi Terer Vs John Langat, IEBC & another to affirm that a speaker is indeed a member of the county assembly.
He also depended on Charles Omanga & another Vs IEBC and another 2012 Eklr to ground his premise that Okode needed not to resign to vie for the speakership again.
“For the national and devolved levels to function during an election period, certain functions cannot be suspended including those of the president and governor, otherwise there would be chaos,” Ogenga said.
The latter case had asked a rhetorical question as to “how would the government function without the head of state and other such officers?”
Also, Ogenga justified his position with reference to former National Assembly speaker Justine Muturi and his former senate counterpart Ekwe Ethuro, who did not resign earlier to contest the respective seats in 2017.
“What is so different from Siaya?” he said.
The Siaya speaker position has attracted 11 other candidates including George Mbeya, Evans Oruenjo, Joseph Agoko, Daniel Awandu and Fredrick Handa.
Others are Maurice Okumu, Cleb Otieno, Andrew Omondi, Munje Isaiah and Fred Athuok.
Former woman representative candidate Pamela Akello is the only woman in the race.
MCAs-elect will on Tuesday be sworn in and thereafter elect their speaker.
ODM has majority members.
Okode had drummed up support for the ODM six-piece and is considered the frontrunner in the race.
During campaigns, Governor James Orengo drummed up support for Okode’s third term for the regional balancing clan arithmetic to work.
Okode hails from Rarieda constituency and was promised the speakership.
Orengo is from Ugenya constituency and his deputy William Oduol is from Alego Usonga.
Senator Oburu Oginga is from Bondo constituency and woman MP Christine Ombaka is from Gem.
Opiyo Wandayi from Ugunja has been chosen for the National Assembly majority leader position.
Siaya has six constituencies.
(Edited by Bilha Makokha)