Fired Trans Nzoia speaker wants MCAs charged with contempt

What you need to know:

  • The MCAs are accused of evicting the Speaker from his office and removing furniture and other equipment, against orders by the High Court in Kitale.
  • Mr Sifuna’s lawyer Elisha Ongoya wants to be allowed to start contempt of court proceedings against the 15, whom he says, dishonoured the court.
  • He further accused the MCAs of casting aspersions on the authority and independence of the court by claiming it was biased in the hearing of the petition.
  • Judge Joseph Karanja said the court will Wednesday make a ruling whether or not to grant leave to commence contempt of court hearings.

Impeached Trans Nzoia Speaker David Sifuna now wants 15 assembly members charged with contempt of court.

The hearing of a case challenging his ouster continued yesterday with his legal team filing an application to have the MCAs charged with contempt.

The assembly members are accused of evicting the Speaker from his office and removing furniture and other equipment, against orders by the High Court in Kitale.

In the application, Mr Sifuna’s lawyer, Elisha Ongoya, wants to be allowed to start contempt of court proceedings against the 15, who, he says, dishonoured the court.

“There has been disobedience of the orders granted by this court relating to the act of evicting the Speaker from his office and all equipment attached to his authority,” Mr Ongoya said.

CASTING ASPERSIONS

He further accused the MCAs of casting aspersions on the authority and independence of the court by claiming it was biased in the hearing of the petition.

“If granted permission, we will play an audio clip of MCA Andrew Kutitila, who questioned the independence of this court pertaining to this matter,” the lawyer said.

The MCAs’ lawyer, Prof Nixon Sifuna, however, challenged the application, saying, it does not meet the threshold of contempt as claimed.

“Issues of burglary being raised by the petitioner’s advocate are matters of criminality that are under investigation at the Kitale Police Station,” the lawyer said.

The court will be usurping the powers of the police if it goes ahead to hear the matter yet detectives have not finalised investigations, Prof Sifuna said.

Judge Joseph Karanja said the court will Wednesday make a ruling whether or not to grant leave to commence contempt of court hearings.