- Speaker of the assembly Phillip Muigei said they would this week resume all sittings which had been put on hold in respect of the court orders.
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Justice Wananda had issued the orders suspending all official sittings/meetings pending the hearing and determination of the petition.
Image: BY MATHEWS NDANYI
The Uasin Gishu county assembly has resumed operations after the high court in Eldoret lifted orders which had suspended all operations of the assembly for the last two weeks.
Speaker of the assembly Phillip Muigei said they would this week resume all sittings which had been put on hold in respect of the court orders.
“We had to adhere to the court orders but we are happy that the courts heard our plea to be allowed to resume work for the benefit of Uasin Gishu residents, " Muigei said.
On Friday Justice Wananda Anuro lifted the orders following an application by the assembly through its lawyers led by Zephania Yego.
Wananda had two weeks ago issued the orders which stalled the county assembly operations following a petition which had been filed by a human rights activist Kimutai Kirui who argued that the assembly was not properly constituted.
"Your honour we pray that the orders be lifted because they have paralysed the county assembly operations and will also affect the operations of the county government," Yego said.
He said issues raised by the petitioner could be dealt with without paralysing essential services of the assembly and the county government.
Wananda agreed with the assembly lawyers and lifted the orders to enable the assembly to carry out its mandate.
He directed the petition filed by Kirui to be mentioned on October 18 for further directions.
Justice Wananda had issued the orders suspending all official sittings/meetings and deliberations by members of the Uasin Gishu county assembly pending the hearing and determination of the petition.
Kirui in his petition argued that the law provided that the assembly shall not be fully and duly constituted for the first sittings after a general election unless all the members required under the Constitution have been fully nominated and their names published in the gazette.
He said the county assembly of Uasin fell short of the required membership because the women and marginalised are not adequately represented.
Kirui noted that the county assembly of Uasin Gishu was not properly constituted since it did not meet the requirements set forth under the Constitution. Therefore all its sitting business transacted and decisions made are null and void.
He further argued that the election of 10 members had been challenged in court which declared that they were not validly nominated.
He argued that the Political Parties Dispute Tribunal through its judgment of November 22, 2022, nullified the UDA gender top up party list published on August 24 and upheld the list earlier published on July 27, 2022, in compliance with election rules.
The activist argues that the assembly had been operating illegally and should stop all operations until it is properly constituted.
Last month the high court upheld the nullification of the nomination of 10 MCAs from President William Ruto's UDA party.