The High Court in Nyamira has granted a temporary reprieve to ten Members of the County Assembly (MCAs) who were expelled from office four days ago, allowing them to resume their duties pending the determination of a petition challenging their removal.
Resident Judge Wilfrida Okwany issued the ruling after dismissing a counter application by the Nyamira County Assembly, which argued that the House’s decision to expel the MCAs was final and not open to judicial review.
The Assembly’s legal counsel, Mokua Ndubi, claimed the High Court lacked jurisdiction to hear the case. However, Justice Okwany affirmed that the court retains authority to intervene in matters where constitutional violations are alleged.
The affected MCAs, through their lawyer Zelmer Bonuke, told the court that their suspensions were unlawful and premature, especially as several related cases concerning the Assembly’s governance are still pending in court. The suspensions included not only removal from the payroll but also the imposition of sitting bans for some members.
The reinstated MCAs include:
- Nyambega Gisesa (Rigoma Ward)
- Joel Ombongi (Bokeira)
- Martha Marua (ANC)
- Janerose Nafula Nyakundi (ODM)
- Jeriah Nyakangi (UPA)
- Zipporah Matundura (Wiper)
- Elijah Abere (UPA)
- Ednah Obara (UPA)
- Beatrice Onyancha (UPA)
- Lamech Sikweya (Itibo, suspended for 10 sittings)
- Mose Abel Mokaya (Magwagwa, suspended for 16 sittings)
The matter is set to be heard on July 30, 2025.
This development marks a significant moment in Nyamira’s political landscape, with the court asserting its role in upholding constitutional rights amid rising tensions in county governance.