Speaker wants clerk jailed for court snub

Homabay County Assembly speaker Elizabeth Ayoo addresses press in her office on November 27, 2018. [Denish Ochieng/Standard]

The leadership row in the Homa Bay County Assembly has deepened after the impeached speaker filed contempt of court charges against the clerk.

In her application filed under a certificate of urgency, Elizabeth Ayoo wants Daniel Kaudo jailed for six months for disobeying court orders to facilitate her return to office.

The county assembly, on the other hand, has made fresh efforts to lock Ms Ayoo out of office by going to the Appeal Court and seeking to challenge the orders that reinstated the speaker.

Yesterday, Ayoo’s lawyer, David Otieno, told Employment and Labour Relations Court Judge Nduma Nderi that the county assembly did not comply with the orders issued early last month.

“The petitioner has filed an application for contempt of court and it is my prayer that it will be heard before the final verdict of the main suit,” said Mr Otieno.

Personal affidavit

Ayoo has listed five grounds she is seeking to rely on to build her case and has levelled a raft of allegations against Mr Kaudo in her personal affidavit.

On February 7 this year, the Kisumu High Court temporarily reinstated Ayoo and ordered the county assembly not to appoint anyone to serve in her position pending the determination of her suit.

The Speaker had sought orders to stop the ward representatives from interfering with her office as she executed her duties.

In the main suit, Ayoo is challenging her impeachment and has listed 17 grounds she will rely on to save her job.

She has questioned the process of her removal from office and accused the county assembly of unlawfully impeaching her.

On December 10 last year, lawyers for the County Public Service Board told the court that Ayoo was a stranger to the assembly and insisted that her removal was done within the confines of the law.

In her latest application, however, Ayoo said that despite all the parties in the suit being served with the orders, they had not implemented them.

“The said order was extracted and served upon the senior executive secretary to the clerk on February 12, 2019 who accepted service,” she said.

The same orders were also allegedly served to the advocates who represented the county assembly and the clerk.

Ayoo said that despite making attempts to see Kaudo to discuss modalities for returning to work, he had refused to see her.

Furnished office

She also accused Kaudo of failing to provide her with a fully furnished office, a salary, housing, support staff and bodyguards among other benefits.

In a supporting affidavit, Ayoo has also accused the county assembly of impeding her travel to attend a devolution meeting.

“As a Speaker, I am entitled to facilitation to attend the devolution conference in Kirinyaga from Monday, March 4 to Friday, March 8 but the clerk has refused to facilitate me,” she said.

But the CPSB and the county assembly are fighting Ayoo’s reinstatement in the Appellate court.

“Take notice that the respondents being dissatisfied with the ruling of Honourable Justice Mathews N Nduma dated February 7, 2019 ... intend to appeal against the whole ruling,” reads their notice of appeal in part.

The hearing of the fresh application for contempt of court will take place on March 19.