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Citizen Weekly

Sunday, 22 February 2015

Kisumu High Court dismiss Vihiga assembly leader of minority court petition

Leader of minority in Vihiga county assembly Jenipher Ekhuya lost her court petition seeking for her reinstatement and compensation for being ousted as leader of majority illegally.
Kisumu High Court Judge Easther Maina dismissed the petitioner accordingly as she said she found no merit in the petition and the notice of motion.
She also ruled that the interim orders that she had earlier granted to stop the occupation of the post were vacated and the costs of the petition and the notice of motion should be borne by the petitioner.
“In the end, I find no merit in the petition and the notice of motion and I dismiss them accordingly. Any interim orders that were granted are hereby vacated. The costs of the petition and notice of motion shall be borne by the petitioner,” said Maina in her ruling.
The ruling was welcomed by the MCAs who had jammed Kisumu High Court to witness the ruling. They celebrate and congratulated new leader of minority Peter Amuhinda, speaker Dan Chitwa who represented the assembly as 1st respondent and himself as second respondent in the petition for being patient and presenting themselves before court.
Amuhinda said he welcomed the High Court ruling because it was true reflection that what the MCAs did was justified and they did no wrong against the constitution.
“I am satisfied with the High Court ruling because that is a true indication that the MCAs did a good move of cleaning the house,” said Amuhinda.
Ekhuya sneaked out of the court after the ruling to cover herself from the embarrassment by going straight to her car which had packed at the court exit before speeding away.
Ekhuya moved to court to file petition seeking to stop her replacement as leader of minority by Peter Amuhinda who was voted as best replacement.
 In her contention she said the removal on January 15 2015 and subsequent replacement on 2015 16 did not meet the threshold of the articles of the constitution.
Ekhuya contended that the procedure used to remove her was planned and unconstitutional citing she was not adversely mentioned in the report upon which her removal is based and also she was removed because she was woman.
She further told the court that she was the only woman in leadership in the county assembly and her removal means that there shall be no gender balance.
In her petition Ekhuya asked for first declaration by court that the decision made by the county assembly which was 1st respondent on January  15 and January 16 by replacing her without observing county assembly gender balance and diversity was in breach of articles 27 and 197 of the constitution. She also sought compensation for damages and the costs of the suit.
In the notice of motion filed simultaneously by the petitioner she sought an order restraining the newly elected and sworn in leader of majority Amuhinda from taking over the office pending hearing and determination of the petition.
Both the petition and the notice of motion were opposed by a replying affidavit sworn by Daniel Chitwa , speaker of the 1st respondent and who is himself 2nd respondent.
The MCAs from CORD and Amani coalition last month sacked the assembly leaders citing incompetency. Those shown the exit were Chief Whip Abdulah Chogo, his deputy Vincent Atsiaya, leader of majority, Andrew Ahuga, his deputy Jackson Musoga all from Amani coalition. Those from Cord who were shown the door were leader of minority, Jenipher Ekhuya, her deputy Zachayo Manyasa, minority whip Tom Atingo and his deputy Wilberforce Kitiezo.
Wemilabi ward MCA Peter Amuhinda was elected as Minority leader, his deputy is West Bunyore ward MCA Josephat Munai, Clyde Kweya is new minority whip, and his deputy is Joshua Oloa Sibiya from PPK party.
The members have also threatened to remove that ousted MCAs from the committees they are sitting in for moving it court to dispute their decision of ousting them from leadership.