Isiolo high court reinstates Speaker impeached in dramatic session

Isiolo, Kenya: Embattled Isiolo County Assembly Speaker, Mohammed Tubi got a reprieve after the High Court in Meru gave him an  injunction to remain in office until the end of this month.

Mr Tubi, under a certificate of urgency filed the injunction on Monday before Justice James Makau which was served on the involved parties on Tuesday afternoon.

The court issued temporary injunction restraining the Members of the County Assembly, the clerk to the County Assembly, Isiolo County Secretary and Deputy Speaker from interfering with speaker’s office pending inter-parties hearing and determination of the case set for June 30.

Nine days ago, Members of the County Assembly impeached him, barely an hour after a chaotic confrontation between
rival sides.

Tubi was removed from office by 15 members while five boycotted the session following a motion moved by Sericho Ward Representative Nura Billa (URP), a move that the Speaker termed as illegal and moved to court on Monday.

Billa tabled a draft of grounds for removal of the Speaker. Among the grounds was that Mohammed Tubi 'Lacks decorum, often removes his shoes and smokes during sessions.'

Billa alleged that the Speaker is incompetent in running of the Assembly affairs, does not understand the House  Standing Orders and lobbying for who should be the clerkof the Assembly.

"He does not apply or observe Standing orders, while he has not prepared a calendar of sittings of the House,"
alleged Billa.

The five members supporting Tubi shot back alleging that their majority colleagues were being used by the Executive led by Governor Godana Doyo and Senators Mohammed Kuti (Isiolo) and Fatuma Dullo (nominated).

"Our colleagues are used to by the Governor Doyo and Senators Kuti and Dullo. This Assembly is not independent and devolution is at big risk in Isiolo," claimed Shano.

The impeachment was preceded by fistfight between the rival sides after Nominated MCA Hassan Shano (ODM) called for postponement of Billa’s motion claiming it was improperly before the House as it had not been discussed and approved by the House Business Committee.

Armed police officers stormed the Assembly to separate the rival groups. The business resumed later and the 15 members ousted Tubi.

The Assembly is yet to recruit its own staff and it currently relies on few seconded by the Transitional Authority and others absorbed from the defunct County Council.

The court clerk had a rough time tracing the officials while it took the intervention of a senior officer to allow Tubi access his office whose keys were changed last Thursday.

Police officers broke into the office, whose keys were changed to allow Mr Tubi access. The Speaker claimed his office had been ransacked and key documents including files on interview of candidates for positions at the Assembly were missing.

For the last three days, the Assembly remained paralysed as only six members attended the sessions that was chaired by Tubi.

"Members should respect the law and the Standing orders. I am the Speaker of the Assembly’’ said Tubi adding that the   15 members had only attended one sitting over the last two weeks.