On Friday, January 22, 2021 Mr. Oscar Namusasi Sifuma secured court orders to stop Kenya County Government Workers Union ~ Bungoma from conducting elections, citing irregularities and unprocedural selection of delegates.
The application dated 22nd Jan 2020 was tabled before Senior Principal Magistrate Hon. C.A.S Mutua – SPM and hearing Counsel Ms Lagina Gideon under a certificate of urgency that saw the Court order;
- THAT there be interim orders of injunction restraining the respondents from conducting elections pending a hearing and determination by the court
- An inter-parties hearing shall be held on 4th Feb 2021
The elections nevertheless took place today Friday. January 22, 2021 at Mabanga FTC… After the court clerk who arrived at about 09:00am received a hostile reception but served them anyways
On 4TH Jan 2021 newly elected officials moved a preliminary objection (appeal) claiming;
- The applicant’s suit was overtaken by events since they were served after the elections were over.
- The suit had no merit
- Officials were in office legally
The magistrate then extended orders allowing the applicant time to argue by way of submissions the preliminary objection by the defendant. The applicant therefore argued;
- THAT the defendant is indeed in agreement that they disobeyed court, went ahead to even process a certificate of registration after receiving the court order and by extention gazettement of names
On March 18, 2021 the parties were in court again where the applicant sought for the court to pronounce itself on possibility of contempt of court by the defendant
The Magistrate has given directions that; the applicant makes submissions on contempt of court pending his ruling on the same
Documents;
