Court disbands Homa Bay Municipality Board
By James Omoro | June 17th 2021
Homa Bay Municipality Board will have to be reconstituted after the county government's petition challenging a court ruling that disbanded it was dismissed.
The Employment and Labour Relations Court in Kisumu upheld its earlier decision to disband the board membership.
Human rights activists Michael Kojo and Evance Oloo had challenged the appointment of the board members.
They filed the case against Homa Bay Governor Cyprian Awiti, County Secretary Isaiah Ogwe and Clerk to the County Assembly.
The activists argued that the board was not constituted properly because representatives of the informal sector and professional associations were left out.
The court delivered a judgment that disbanded the board on February 24, this year.
But the respondents later filed a motion seeking stay order on March 9 to enable board members continue discharging their duties pending appeal.
The respondents argued that disbanding the entire board would adversely affect donor-funded projects being implemented in the town.
Justice Stephen Radido argued that affidavits and submissions in the motion lacked merit and declined to issue a stay order.
He argued that parties seeking a stay order pending appeal need to satisfy some ingredients, which include the demonstration of substantial loss which may occur if the stay order is not granted.
“The respondents failed to discharge the burden of showing substantial loss they would be occasioned if the stay order was not granted. The motion must fail,” Justice Radido ruled.
He dismissed the motion with costs to the petitioners.
In the decision, the current board members are allowed to apply for new appointments to the board if they qualify.
The municipality board has been in office since September 2019.
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