The High Court in Eldoret has lifted orders which had suspended all operations of the Uasin Gishu county assembly.
Justice Wananda Anuro lifted the orders following an application by the assembly through its lawyers led by Zephania Yego.
The court order was served to assembly clerk and speaker Phillip Muigei.
Justice Wananda had a week ago issued the orders which stalled the county assembly operations following a petition which had been filed by 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 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, 2023, for further directions.
Justice Wananda's earlier orders suspended all official sittings/meetings and deliberations by members of the county assembly of 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 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 Gishu fell short of the required membership because women and marginalised groups were not adequately represented in the House.
Kirui noted that the county assembly was not properly constituted since it does not meet the requirements set forth under the Constitution and 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.
Last month, the High court upheld the nullification of the nomination of 10 MCAs from President William Ruto's UDA in the county.
