By RENSON MNYAMWEZI
NAIROBI, KENYA: A court has allowed ousted Taita Taveta County Assembly Majority Leader, Jones Mghanga, to resume his duties as he challenges his removal from office by his party.
The Standard has learnt that the order was issued on April 13 to enable the official stay in office until his petition is heard and determined.
The Ngolia ward representative, through his lawyer Kipruto Kertiony, has filed a civil case at the Voi Senior Principal Magistrate Court, saying his removal from office on March 26 was illegal, unprocedural and contrary to the County Assembly Standing Orders.
County Assembly Speaker, Maghanga Meshack Maghanga, and the County Assembly are first and second defendants in the case filed on April 14 this year.
The two are represented by lawyer Jones Mwakisha.
Tuesday, the two counsel appeared before Voi Senior Principal Magistrate, Samuel Wahome where Mwakisha asked for more time to prepare his case.
MORE TIME
“My affidavit is not ready and I need more time to finalise it. The matter came to court on Monday while people were on Easter holidays. My clients need more time to respond to the case against them,” Lawyer Mwakisha pleaded with the Magistrate.
Judge Wahome granted the request and adjourned the case to Friday, April 25.
The plaintiff in his application said the first and second defendants accepted an unprocedural and defective motion for his removal as the leader of majority.
The application filed under certificate of urgency and obtained by The Standard said that the plaintiff has been made to suffer irreparable loss and damage.
NOT HEARD
“I was not given a chance to defend myself. No minutes were written, and so the party’s Chief Whip could not comply with the County Assembly Standing Order 15 (6),” he said.
The motion to remove him and his minority counterpart Ronald Sagurani was brought to the house by Wundanyi-Mbale Ward Representative Raymond Mwangola.
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Mghanga was removed and replaced by his former Deputy Majority Leader Cromwell Baridi.
This was after an ODM party meeting, chaired by Nominated County Representative and Branch Chairman Francis Terere, resolved to kick him out.
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