The petitioner who wanted a Kericho court to order six members of county assembly to purchase a new mace has withdrawn the case.
Through his lawyer Onesmas Langat, Mr Soy Cheruiyot told Lady Justice Mumbi Ngugi that the mace had already been repaired and that the conservatory order he sought should be withdrawn.
However, he wants the main petition questioning the integrity of Mr Eric Bii (nominated MCA) Paul Chirchir (Roads and Infrastructure committee chairman), Budget and Appropriation Committee Chairman Albert Kipkoech, Majority leader Hezron Ngetich, Philip Rono (Kamasian Ward) and Cheruiyot Bett (Ainamoi) to proceed.
In the suit filed on January 17, Mr Cheruiyot also wants the court to bar six legislators from holding public office for 10 years following fracas he claims led to the breakage of the assembly’s mace on January 15 when nearly 40 MCAs failed to agree on whether more money should be allocated towards the upgrade of Kerenga airstrip or not.
“With regard to the Mace which had been broken, I have been informed that it has been mended and it will be used to run the House business as it is. We therefore seek to withdraw the conservatory orders to have the respondents to purchase a new one,” said the lawyer.
The petitioner also abandoned the order he sought that the respondents be barred from participating in the affairs of the county assembly.
The six representatives, through their lawyer Charles Kiplagat, filed a response to the suit saying that the petitioner had lied to the court that he had been at the public gallery in the county assembly when the chaos broke out.
In an affidavit signed by Mr Chirchir on their behalf, they said the upgrade of the airstrip is not the function of the county government under Article 183 and 186 of the Constitution and the Fourth Schedule and Section Five of the County Governments Act, 2012.
“In the premise, I verily believe that as an elected member of the county assembly representing Kapsoit Ward, I have a constitutional and statutory mandate to oppose the fraudulent misappropriation of the county funds and unlawful scheme by the county executive led by Governor Paul Chepkwony to plunder county funds in the colossal sum of Sh100 million under the pretext of capital expenditure towards purported upgrade of an airstrip which falls under the exclusive jurisdiction of the national government,” read the response.
Judge Ngugi said the case will be heard on March 3, 2018.