Court re-instates Homa Bay County Health 'Minister'

The Employment and Labour Relations Court has reinstated Homa Bay County Executive Committee Member for Health Richard Muga who was impeached by the County Assembly on May 17, 2021, over alleged “incompetence, abuse of office and gross violation of the Constitution”.

The impeachment came after the MCAs raised a motion on the state of Homa Bay County Referral Hospital which they said was in a mess. Their motion resolved that Muga be impeached.

But Muga challenged the impeachment in court, saying it contravened his constitutional rights, a view that was upheld by Justice Stephen Radido who said the House did not prove that the ‘Minister’ was given an opportunity to defend himself.

“The county assembly’s resolution to remove the petitioner from his position offended its standing orders and violated the petitioner’s constitutional rights. The decision is unconstitutional and thus, null and void,” Justice Radido ruled.

Each party in the petition will bear its own costs.