Kenya: Impeached Kisumu Speaker Onyango Oloo Files Appeal

20 January 2020

Ousted Kisumu Speaker George Onyango Oloo has an appeal in court in yet another attempt to reclaim his seat following his impeachment in 2019.

Mr Oloo suffered a major set back on December 10, after Employment and Labour Relations Court Judge Nduma Nderi ruled that MCAs followed the right procedure in removing him from office.

He has appealed through his Odhiambo Ouma & Company Advocates, saying he is dissatisfied with the entire ruling.

WRONG PERSPECTIVE

Mr Oloo says the judge erred in law and fact in the framing issues, resulting in a travesty of justice.

He says the judge made a mistake in finding that he did not join issues in his petition with the response in the replying affidavit filed byacting Speaker Elisha Jack Oraro.

"The trial judge determined the petition from an erroneous perspective and therefore occasioned a serious travesty of justice," the court documents state.

The ousted speaker also accuses Justice Nderi of failing to appreciate and apply the law where grounds for his impeachment were concerned.

He claims the judge instead focused on the corruption case he is facing at a Milimani court, and completely misapprehended the law, leading to th decision to throw out his petition.

PROCEEDINGS

Mr Oloo, in a sworn affidavit, further terms the assembly's proceedings on September 18, 2019 null and void, and his ouster therefore unlawful.

"The judge failed to find that proceedings pursuant to which I was removed from office were presided over by a person who had no capacity to act as Speaker."

He also claims his constitutional rights were violated, give he was not accorded an opportunity to present his case.

The ex-Speaker has sued the assembly and it's entire Public Service Board and listed Mr Oraro, Clerk Owen Ojuok and the Kisumu Central Police Station commander as interested parties.

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Mr Oloo filed the appeal four days after the assembly advertised the position, asking interested candidates to pick nomination papers ahead of the planned election on January 24.

Senior lawyers Jared Sala and Ken Amondi picked their papers on January 16.

It is not clear whether the acting Speaker will relinquish his North Kisumu MCA post to contest for the position.

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