Blow to Migori Speaker as court order on ouster lifted
Embattled Migori Speaker Boaz Okoth whose impeachment has been quashed by the Labour court. He still has to contend with corruption charges.
Embattled Migori Speaker Boaz Okoth has suffered a fresh blow after a Kisumu court reversed an earlier decision temporarily suspending his impeachment pending the determination of a suit he filed.
The ruling was made after the county assembly and the clerk petitioned the court seeking a review of a court decision made on February 15. On that day, the Employment and Labour Relations Court in Kisumu issued a conservatory order stopping the impeachment of Mr Okoth.
The court ruled that Mr Okoth could continue serving as Speaker of the Migori County Assembly pending the determination of an appeal he had filed challenging the move. The court also blocked the assembly and the clerk from dissolving the County Assembly Service Board until the matter is determined.
Facts concealed
But the lawyer for the assembly and the clerk, Clifford Otieno Obiero, argued that the orders had been issued to keep Mr Okoth in office despite the graft-related charges levelled against him, facts he said were concealed by his lawyers.
Justice Stephen Radido agreed, noting that relevant factors were not disclosed when the matter was first brought to the court. He said there was no dispute that the petitioner was facing corruption charges before he moved to court to challenge his impeachment.
Justice Radido stated that by virtue of Section 62 (1) of the Anti-Corruption and Economic Crimes Act (ACECA), Mr Okoth should have been suspended, not removed, from office after he was charged.
The Act states that a public or state officer who is charged with corruption or an economic crime will be suspended, at half pay, with effect from the date of the charge until the conclusion of the case.
The charges
The charges in question involve the Speaker and seven of his co-accused. They were released on bond on February 3 after they denied breaking into the assembly’s finance office and stealing equipment and files.
The petitioner argued that the Speaker’s continued presence in office was likely to have an effect on prospective witnesses and documents intended for use in the pending criminal case.
Mr Obiero also laid bare the conflict of interest facing the lawyer representing Mr Okoth.
“On February 15 this court entered a ruling against the respondents (assembly and clerk) herein in a proceeding in which they were represented by one Mr Nelson Jura, who is also the petitioner’s personal lawyer and represents him in the criminal cases he is facing,” Mr Obiero said.
“If the ruling is not stayed, the county assembly and the public are likely to suffer prejudice that cannot be compensated in monetary terms.”
In his ruling issued on February 22, the judge stated that the order issued on February 15 did not factor in this scenario.
“The petitioner (Mr Okoth) is currently suspended from office by operation of the law and any order of reinstatement even if temporary to office would be attributed to the provisions of the ACECA,” said Justice Radido.
He added: “The court therefore vacates the order that had stayed the decision of the Respondent (county assembly) made on February 8th,” Justice Radido said.
During his impeachment, MCAs presented a litany of accusations against Mr Okoth, including misappropriation of assembly funds, being disrespectful to members, and “breaking into” the finance office that saw Mr Okoth and seven others arrested.
Last Thursday, Macalder/Kanyarwanda Ward Rep George Duro was sworn in as Speaker in an acting capacity after Mr Okoth was impeached.
