Chuka High Court has issued temporary orders preventing the Tharaka Nithi County Assembly from replacing ousted Deputy Speaker Susan Ngugi.
Judge Robert Limo issued the orders after delivering a ruling on a case that the Marimanti MCA lost against Speaker, Clerk and the Assembly.
Ms Ngugi had sued the three respondents for disregarding a court order issued on February 12, 2019 stopping her impeachment.
She had in addition to the contempt case, sought reinstatement but the court resolved on first dealing with the contempt allegations.
While allowing her make an application for reinstatement, the court directed that the respondents be served with the orders pending further directions on June 3 when the reinstatement matter will be mentioned.
Contempt
In her application, the MCA told court through lawyer Kirimi Muturi that the respondents despite being served with the court order refused to adhere to it and hurriedly went on with the oust motion.
Ms Ngugi was ousted on allegations of walking out of the chambers on December 12, 2018 when nominee list for House Business Committee was being tabled, using non-parliamentary language and leaking information to media and members of the public.
The court found submissions by Jackson Murithi, a court process server inconsistent on the exact time when he served the respondents with the orders.
The judge noted that no attempt was made by the process server to serve the third respondent in person and therefore could not be accused of going on with the impeachment motion.
“The third respondent cannot be accused of going on with the impeachment motion when probably had no knowledge in the first place,” Judge Limo said.
