Homa Bay County Assembly Speaker Elizabeth Ayoo risks being committed to civil jail if a magistrate court accepts an application filed by nine members of the assembly.
The nine MCAs, who are currently facing charges of assault and causing bodily harm to Ms Ayoo, filed the application following utterances the embattled Speaker allegedly made at a burial in North Karachuonyo recently.
The applicants want the Speaker to show cause why she should not be committed to civil jail for her contempt of court on October 11, 2019.
“The complainant stated that she will make sure the accused persons are locked behind bars,” reads the application.
The applicants also want the Senior Resident Magistrate Winfrida Onkunya to summon Ms Ayoo for cross-examination over her remarks.
Through their lawyer James Mwamu, the MCAs argued that the utterances made by the Speaker during the burial of the nominated North Karachuonyo MCA Rael Polo is in contempt of court.
“The complainant violated section 35 (2) of the Constitution as she implied that she is in control of a court process,” said Mr Mwamu.
In her replying affidavit, the Speaker argued that the applicants had filed the application to stop the case from proceeding owing to the evidence against them. According to Ms Ayoo, the application had no basis since she had testified in court.
She stated that if the applicants are sure that there was such a violation, then they should seek a different forum to litigate over the matter other.
Meanwhile the case was adjourned on Thursday following the burial preparations of nominated Kochia Ward MCA Esther Rose Dwalo.
Dwalo was among the seven prosecution witnesses lined up to testify against the nine MCAs at a Kisumu court on Thursday.
The applicants, Mr Evans Dada, Julius Gaya, Paul Ongoro, Walter Muok, Philemon Onditi, Peter Kaula, Paul Adika, Geoffrey Onyango and Dan Were sought for adjournment of the court session.
The parties are expected to file written submissions in court before mentioning of the case on December 19 .