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Four Homa Bay MCAs charged with assaulting court official

Tuesday December 4 2018

Homa Bay MCA

The four Homa Bay MCAs who were accused of assaulting a court process server when they appeared in court in Kisumu on December 4, 2018. They were released on bond. PHOTO | VICTOR OTIENO | NATION MEDIA GROUP 


Four Homa Bay Members of County Assembly (MCAs) have been charged with assaulting a court process server.

Mr Philemon Kombo, Michael Odira, Michael Ojala and Ms Nereah Amondi were arraigned before Senior Resident Magistrate Martha Agutu in Kisumu on Tuesday morning.

However, they pleaded not guilty to the charge and they were released on a Sh50,000 bond each with two sureties.


“The prosecution has not given compelling reasons why the accused should not be released on bond. I order that each one of them be released on a bond of Sh50,000 and two sureties of a similar amount,” stated Justice Agutu as she rejected an application by the accused to be released on cash bail.

In the incident that happened on November 15, the MCAs, together with others not before court, are reported to have prevented a court process server identified as Elvis Ochieng’ from serving the county assembly clerk Daniel Kaudo with a contempt of court order.

The court order required Mr Kaudo to appear before it over contempt after he swore in Gwassi North MCA Evans Marieba as acting Speaker following the impeachment of Ms Elizabeth Ayoo.

The angry MCAs accused the court official of being bribed before descending on him with kicks and blows.


He was rescued by police officers who were manning the assembly’s gate and he later recorded statement over the assault at the Homa Bay Police Station.

But through their lawyer Peter Kaluma, the MCAs accused the embattled Speaker of using the Kisumu Law courts to press trumped up charges against them.

Mr Kaluma questioned why the case was taken to Kisumu and not Homa Bay where the incident is alleged to have happened.

“All criminal offence should be tried within the jurisdiction of the offence. Bringing this matter to Kisumu is a deliberate choice from the Speaker to intimidate the MCAs,” argued Mr Kaluma.

The case will be mentioned on December 18 while hearing will be on January 24, 2019.