Court bars Isiolo County Assembly from electing new majority leader
The high court has restrained Isiolo County Assembly from electing new Minority Leader pending the hearing of a suit filed by two MCAs who were ousted from the Assembly.
Justice James Makau also restrained the Assembly from removing Ali Dima Duba and Nura Diba Billa from their respective positions in the county Assembly of Isiolo committees.
“An order is hereby issued maintaining the status quo being that the county Assembly of Isiolo be prevented and restrained from, removing the applicants from their respective positions in the County Assembly of Isiolo Committees; and suspending the suspension of the Applicants herein, from the House sittings of the County Assembly of Isiolo, pending the hearing and determination of the instant Application,” read the order.
Ali Dima Duba who is the Minority leader in the County Assembly and Nura Diba Billa, a member of the Finance and Appropriation Budget Committee have sued the Speaker, County Assembly of Isiolo and the County Assembly.
They accuse the Isiolo County Assembly Speaker of illegally removing them from their position.
Duba claim that on 16th October, 2019 while in the County Assembly of Isiolo Chambers and during the House sittings, he was arbitrarily and illegally removed from his position as the Minority Leader and suspended from further House sittings for a period of 28 days by the Speaker of the County Assembly of Isiolo.
Billa on the other hand claims he was similarly arbitrarily and illegally removed as a Member of the Finance and Appropriation Budget Committee on the said date.
“The acts of the Respondents constitute an infringement on the right of the people of Isiolo County to be represented by their chosen representatives in the various forthcoming House Sittings and hence it is greatly prejudicial to them,” read their court documents.
Through lawyer James Orengo , the two accuse the county assembly of acting contrary to the Constitution; the Fair Administrative Actions Act; the County Assembly of Isiolo Standing Orders; the rules of natural justice.
“The respondents arbitrarily, illegally, un-procedurally removed the Applicants from their respective positions and illegally suspended them from the House Sittings arbitrarily without affording them a right to be heard among others,” read their documents.
According to Duba, one nominated Member of the County Assembly of Isiolo, Hajira Abdi, on the said date, while debating rose on a point of clarification on questions pertaining to his office holding as the Minority Leader.
When he rose to respond to the said question as raised by Hajira, the Speaker denied him an opportunity to respond and further vehemently declined to grant him audience.
“When I insisted that it was unfair and prejudicial for me not to be afforded an opportunity to respond, the Speaker became aggressive and directed the Sergeants at Arms to escort me out of the County Assembly Chambers.
Subsequently, on the 17th day of October, 2019, the Speaker gave a Ruling on the foregoing issue and declared the position of Minority leader vacant and thus suspended me for 28 sittings,” he said in court documents.
Justice Makau directed the matter be mentioned on November 6 for further directions.