The High Court in Kisumu has issued a conservatory order that allows Homa Bay Majority leader, Chief Whip and their deputies to stay in office.
Petitioners Richard Ogindo (Majority leader), Anyango Ombura (Deputy Majority leader), Sophie Salim (chief whip), and Jane Kiche (deputy chief whip) filed an application through their lawyer Erickson Nyamweya.
They sought orders to access their offices without interference. Homa Bay Speaker Elizabeth Ayoo and acting Clerk Daniel Kaudo are listed as the first and second respondents.
Judge Nduma Nderi directed Ayoo and Kaudo to provide the petitioners with support and ensure their security.
The order specifically restrains the respondents from allowing MCAs to interrupt with the duties, pending the hearing and determination of this application inter-parties.
The matter is coming up for inter-parties hearing on October 11.
The assembly has been faced with leadership wrangles caused by two factions allied to Ogindo and Kanyadoto MCA Water Dada.
Ogindo was purportedly removed during a session presided over by Deputy Speaker Evans Marieba. He was replaced with Dada.
Homa Bay Central MCA Julius Nyambok took over from Ombura as Deputy Majority leader.
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On September 6, some MCAs allied to Dada purportedly held an election to make the changes.
Kakelo Kokwanyo MCA Dan Were was elected Chief Whip, replacing Salim. His deputy is Arujo MCA Mary Ojala.
This is despite ODM advising that the status quo should remain.
MCAs allied to Dada held a special seating on September 21 which was not gazetted and approved by the Speaker as per the Standing Order.
The Speaker Ayoo declared it illegal, null and void.
ODM executive director Oduor Ong’wen wrote a letter advising that the party is still consulting. He said elections should be stopped until further advice is given.
But defiant MCAs went ahead with the election.
The party again wrote to the Speaker and members giving guidance that party regulations were violated.
ODM said it does not recognise the election held on September 6.
The assembly is divided right down the middle. Ogindo and Dada each have 29 MCAs supporting them.
“As per that, no one has been elected apart from the first poll held in September 2017,” Ayoo said.
ODM Secretary General Edwin Sifuna warned the MCAs for defying the party directive to elect new officials.