Speaker’s case hearing date moved to give defendants time to prepare

By KENNEDY OKWACH  and JACKLINE INYANJI

Kakamega, Kenya: A case filed by Kakamega County Assembly Deputy Speaker challenging any move by the assembly members to impeach him will be heard on November 27.

Cleophas Malala went to court to stop a special session planned by Kakamega County Assembly Members who want to remove him from office.

The case, which was to be heard yesterday, failed to proceed because the respondents, who included Kakamega County Speaker Maurice Buluma, said they were not ready with their submissions.

Lawyer Gabriel Fwaya representing respondents said his clients were not served with summons properly, occasioning the unpreparedness.

According to Mr Fwaya, Speaker Buluma was in Naivasha attending a leadership seminar at the time and  the summons did not reach him.

It was also said that the other respondents, Majority Leader Reuben Nyangweso and the County Assembly Clerk Patrick Kamwessar, were not served with the summons personally as the papers were taken to their offices by unknown people.

Kakamega High Court judge Said Chitembwe directed the respondents to file their respective replies before the set date.

He also allowed the plaintiff to file further evidence, a move that was opposed by the defendants.

Malala has sought a court order restraining the county assembly from convening a session to impeach him,  terming such a move an abuse of his rights.

In an application submitted to the High Court, Malala demanded that the special session be stopped because it was illegal and unprocedural.

“A temporary injunction should be stopped. They (respondents) recalled the sitting of the county assembly through phone calls without following laid down procedures by law. I am under attack because of my stand on budgetary allocation of the Kakamega County Government,” Malala said.