In Summary
- Court order
- Speaker’s rejoinder
- Download ruling (pdf)
The tussle between the minority and Majority side in Bungoma Assembly ended up in Court when the Majority side opted to gang-up with independent MCAs to outdo the Minority in the chamber during voting. This prompted minority leader Hon. Anthony Lusenaka to seek Court’s intervention.
The Court therefore did pronounce itself on the matter as applied in PETITION NO. E014 OF 2022, In the application Lusanaka demanded that:
- A declaration be made that the Public Accounts committee and Investment committee and the implementation committee is not properly constituted in accordance with Bungoma County Standing order No 176 (4),20e (3),212(2).
- An order be issued that the Public Accounts and Investments Committee and Implementation Committee be re- constituted in accordance with the Provisions of Bungoma County Order No. I 76176 (4).J09 (3 ),212(2).
- A declaration be made that the election of Hon. George Tendet, Hon. Jacob Psero, Benard Kikechi and Maureen Wafula as chairperson and vice chairpersons of the Public Accounts and Investment committees and Implementation committees of Bungoma county Assembly was in violation of the Constitution of Kenya 2010, County Government Acts, Bungoma standing Orders and was therefore to that extend illegal, unconstitutional, null and void.
- An order issued by the Court to quash the County Assembly’s decision to elect Hon. George Tendet and Hon Jacob Psero on 28th October 2022 as Chairpersons of the Public Accounts and Investments committee and Implementation Committee of Bungoma County Assembly.
- An order be issued directing the new elections for the contested positions.
COURT ORDER:
On 5th April 2023 the Court ordered that:
The Public Accounts and Investments committee and Implementation Committees are not properly constituted and therefore the election of Hon. George Tendet, Hon. Jacob Psero, Benard Kikechi and Maureen Wafula chairperson and vice chairpersons of the Public Accounts and Investments committees and Implementation committees of Bungorna County Assembly was in violation of the Constitution of Kenya 2010, County Government Acts, Bungoma standing Orders
The Court has ordered that the election of four MCAs to two key Committees that are normally reserved for opposition side (minority) was illegal and therefore the Assembly has been asked to conduct new elections in accordance with the laid down rules. The majority side took advantage of its numerical strength to effect the anomaly in the committees that are deemed to be oversight outfits
Download ruling here: COUNTY ASSEMBLY OF BUNGOMA CLERK – court ruling on committees-compressed
Rejoinder:
In his reaction the County Assembly of Bungoma Hon. Emmanuel Situma indicated that he had referred the matter back to relevant committees for action.
