The Orange Democratic Movement (ODM) has been found to be in contempt of court after it
disobeyed orders issued by the Political Parties Disputes Tribunal, blocking it
from changing the leadership of the County Assembly of Nyamira.
On October 4 this year, the Tribunal suspended any decision made to change the leadership of the county assembly of Nyamira. The position of Majority leader in the assembly fell vacant following the death of Elijah Osiemo, who died in a road accident. ODM and United Progressive Alliance (UPA) have been battling for the position with both parties fielding their candidates.
But the Tribunal last month refrained from ODM and one George Abuya from making any changes to the house leadership until the matter was resolved. But the same was not adhered to going by the matter before court.
Abel Mokaya Mose and Joel Ombongi -MCA Bokeira Ward subsequently filed an application seeking to have ODM cited for contempt alleging their willful disobedience to the order after they proceeded to change the house leadership.
The tribunal's vice chair Dr. Wilfred Mutubwa considered their application and found the party in contempt. They said the order was served on ODM and Abuya as there is no evidence to suggest that they were unaware of its existence.
The Tribunal gave the respondents seven days to purge their contempt. In default, a notice to show cause will be issued against them to appear before the tribunal on 23 November at 2:30 pm in open court to explain why they should not be committed to civil jail for disobedience of the orders.
They emphasized that the orders they had issued were to preserve the house leadership and maintain their status quo to not harm any of the parties.
"The deliberate decision to change the house leadership despite being aware of the court order indicates a wilful disregard for the authority of the court," said the Tribunal.
In holding them in contempt, the Tribunal said appropriate sanctions should be imposed to uphold the dignity and authority of the judiciary.
"The deliberate actions of the resp to change the house leadership, despite being aware of the court order, demonstrate a willful disregard for the authority of the court," they said.
