Court clears way for Waswa's appointment as Bungoma County Attorney

Edward Waswa takes oath of office at the Bungoma county headquarters. [Photo, Courtesy]

A legal challenge to the appointment of Edward Oringe Waswa as Bungoma County Attorney has been withdrawn, effectively clearing the path for him to assume the role.

The petition, filed by Tome Francis and Peter Nabiriki at the Employment and Labour Relations Court in Kakamega, was dropped on Monday. The petitioners cited contradictions within the County Attorney Act that complicated their ability to sustain the case.

While addressing the court, Mr Tome highlighted inconsistencies between Sections 4(1) and 5 of the Act. Section 4(1) classifies the County Attorney's office as a public office, suggesting that the appointment should fall under the mandate of the County Public Service Board.

Conversely, Section 5 provides that the County Attorney is to be appointed by the governor, with the approval of the county assembly.

"In light of this ambiguity, Governor Kenneth Lusaka cannot be faulted for the appointment of Mr Waswa," Mr Tome told the court.

He added that he intends to petition Parliament to harmonise the conflicting provisions through legislative amendment.

The petitioners withdrew the case voluntarily. Justice Nderitu ordered that no costs be awarded and directed that the matter be marked as closed.

With the petition now withdrawn, Edward Oringe Waswa officially assumes office as the Bungoma County Attorney.