Reprieve for Kitui deputy speaker as court stops his removal

Justice Richard Limo issued conservatory orders blocking  the county assembly of Kitui from implementing the October  4 resolution by MCAs to impeach the deputy speaker.

He ordered that the injunction will remain in force until a notice of motion filed in court by Nzioka challenging his impeachment is heard and determined.

In the petition filed before the High Court, the petitioner names the county assembly of Kitui, speaker Kevin Katisya, clerk of the assembly Elijah Mutambuki and Kanyangi MCA Boniface Katula as the respondents.

Katula was the author of the motion that led to the resolution to remove Nzioka as deputy speaker, occasioning  the petition.

Following the decision by MCAs, Nzioka moved to the High Court on Friday, October 6 and filed a petition that was certified as urgent seeking orders to veto his removal.

Pending the hearing and determination of the petition, Justice Limo on Monday issued interim orders blocking the assembly, the speaker and the clerk from implementing the October 4 ouster of Nzioka.

Further, the county assembly of Kitui was barred from withdrawing any rights, privileges, entitlements and benefits that the petitioner enjoys as the deputy speaker until his application in conclusively heard and determined.

The judge also retrained the respondents from replacing Nzioka as deputy speaker or appointing another person to act as the deputy speaker until the full hearing and determination of the petition.

 Justice Limo said he issued the orders upon reading the supporting affidavit sworn by the petitioner and hearing oral submissions by counsels of  the parties involved.

He directed that the notice of motion filed by the applicant be heard on October 17. He also directed the respondents to file their responses within seven days.

On October 4,  41 Kitui MCAs supported the motion to impeach Nzioka during the assembly session that was attended by 44 MCAs. Only  three MCAs voted against the impeachment motion.

Although the Kitui assembly has a total of 60 MCAs  only 44 participated in the  voting while 16 others were absent during  the  session that was presided over by speaker Katisya.

As he moved the motion to remove Nzioka, Katula accused  him of  not only acting unconstitutionally but engineering  division among the Kitui MCAs. The motion was seconded by Migwani MCA Harrison Maluki.

But in his defense on the floor of the assembly, Nzioka said all the accusations made against him were misplaced and had shocked him  because he had not committed any offence.

“The deputy speaker aka Kamwana ka Wia (the workaholic young man) has faithfully endeavoured to unify  the assembly.

“You will discover that the things I am being accused of have been committed by other people,” claimed Nzioka.

Nevertheless the MCAs impeached him.