High Court allows Kisumu County Assembly to appeal against reinstatement of speaker Anne Adul

Kisumu High Court has given the Kisumu County Assembly a lee way to file an appeal within 60 days following a contention on whether or not to reinstate former Speaker Anne Adul and two executive officers.

This follows two applications that Adul and the County assembly had filed suing each other at the court of appeal, which were later consolidated.

The two officers are former clerk Melco Sagwe and his deputy Peter Anditi who are the fifth and sixth respondents in the case.

While issuing judgement over the matter, a three –judge bench comprising Justices William Ouko, David Maraga and Sankale Ole Kantai granted an injunction and stay orders pending the sought appeal in the two applications.

He said they endorsed the decision that substantial injury to other party's interest when stay is granted should also be considered, to balance the parties' competing interests.

"To balance the parties' competing interests, we grant injunction and stay, pending appeal sought in the two applications within 60 days within which the appellants should lodge it," said Maraga.

The judges said they agreed with the respondents that the applicant's action is affecting them but said redeploying them will not only render the appeal nugatory but would be against the public interest.

"What would render an appeal futile if stay is granted is dependent against substratum of each case. The county assembly impeached the speaker and the County executive redeployed fifth and sixth respondents," he said.

The judges said the court cannot go into the merits of the appeal or intended appeal, having not heard the arguments.

The court cannot and should not make any definitive findings on issues raised or to be raised in the intended appeal.

The application filed by the County Executives claimed that the relationship between Adul and the assembly was not a classic employer-employee relationship.

They said that they are mandated by law to remove her as the speaker through a resolution.

They had asked the court to issue an injunction to restrict her from resuming office in view of the unbecoming conduct she allegedly exhibited as a public officer leading to her censure by the county assembly.

However, the application filed by Adul under a Certificate of Urgency alleged that the assembly and executive have usurped the powers of the Public service Board and through an illegal process have purported to dissolve it without a hearing and or notice at all.

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High Court Kisumu