The Kisumu High Court has temporarily blocked a request by MPs for the Speaker to make leadership changes as directed by ODM.
A letter from Nasa boss Raila Odinga’s party appointed Kisumu West MCA Paul Okiri as the Majority Whip to replace Gard Olima.
Thirteen MCAs want Okiri to take over from Olima, whom they say was neither appointed by ODM nor elected by the members, as the Standing Orders require.
The representatives, led by Kaloleni/Shauri Moyo’s Prisca Misachi, went to court to seek orders compelling Speaker Onyango Oloo to effect the changes.
In their suit filed under a certificate of urgency, they accused the Speaker of refusing to implement the changes.
They sought six orders including the quashing of Oloo’s decision to commit a report and resolutions tabled on March 6 by the Selection committee for debate.
They also want the assembly to undertake a fresh selection of members to the various committees.
The MCAs further want Oloo’s communication to the house on September 18, on an advisory from ODM regarding Olima’s nomination for the position of Majority Whip.
Justice David Majanja dealt them a blow on Thursday when he declined to issue the orders saying the court was exercising restraint in the internal affairs of bodies, moreso in the interpretation of Standing Orders.
Majanja ordered the parties to file their submission in seven days and set the mentioning of the case for May 9.
The letter stated that the party appointed Okiri in a letter dated September 15, 2017 that the clerk received on September 18.
“The Speaker not only chose to ignore that communication but also withheld its contents from the members of the Assembly,” they MCAs say in suit papers.
They dismissed a report that Olima presented to the house on the removal and redeployment of members already serving in committees without recourse to Standing Order 159.
They noted the report grossly violated the Constitution, the County Government Act and Standing Orders