The High Court has ordered the government to reinstate security detail for Governor Anyang' Nyong'o and his deputy Mathews Owili until a case in which the duo filed against the State is heard and determined.
Justice Tripsisa Cherere further ordered the two county bosses file an application seeking to enjoin a similar case filed by Homa Bay Town MP Opondo Kaluma in Nairobi involving a number of opposition leaders, which is due on February 19.
The judge said it would be a waste time for the courts and parties who have filed the same application demanding their security back.
"The two are at liberty to enjoin in the other case in Nairobi. This will also prevent any conflicting decisions which could embarrass the judiciary in the end," Justice Cherere said on Monday.
The two county bosses had sued the Inspector-General of Police Joseph Boinnet, Interior Cabinet Secretary Fred Matiang’i and the Attorney General Githu Muigai after their four security officers were withdrawn on January 31.
According to Dr Owili, on that day, the officers did not report to duty as is the norm and upon inquiry from the officers, they informed him that they had been withdrawn and asked to surrender their firearms.
Through their lawyer Ibrahim Stanley Ogejo, the petitioners claimed the security detail were withdrawn with grave impunity leaving them vulnerable to any risks and threats to their lives and person.
They also claimed the State acted in a clandestine manner contrary to the law and without any form of communication of their objectives and intentions to the petitioners.
Mr Ogejo termed the move by the State "discriminatory" and one that has left the duo exposed to security threats by virtue of their office and thus inhibiting their ability to discharge the duties unless the court urgently intervenes.
The deputy governor however said no amount of intimidation will stop them and other opposition leaders from fighting for reforms.
“We will hold the government entirely responsible should anything happen to me or governor Nyong’o,” Dr Owili said.
He asked the government to respect and adhere to the orders issued by the courts.