Samuel Tonui gets Sh200,000 for unlawful impeachment

The High Court in Nakuru has awarded Nakuru County Assembly Deputy Speaker Samuel Tonui Sh200,000 for unlawful impeachment.

Mr Tonui, who was first elected in 2013 before he was impeached, was awarded the amount after he won the case he filed 2015 challenging the process.

He sued the then Speaker Susan Kihika, Assembly clerk Joseph Malinda and MCA Moses Kipkoros Tuei for initiating and approving his impeachment motion and manipulating the MCAs to vote him out.

RULING

Justice Janet Mulwa in her judgement found that the speaker and the clerk had violated Mr Tonui’s rights by failing to accord him reasonable time to prepare his defence and failing to give him with relevant documents.

“Petitioner’s right to fair administrative action has been breached by the speaker (Susan Kihika),” ruled justice Mulwa.

In the petition filed through his lawyer Kipkoech Ngetich, Mr Tonui accused then Speaker Kihika and the clerk of entertaining a motion to amend the assembly Standing Orders leading to his impeachment and replacement.

The court heard that the deputy speaker was served with the notice for his impeachment one hour before it was debated and approved by the house.

This was contrary to the provisions of the law which required that one is served with the motion at least two hours prior so as to prepare for his defence.

Mr Tonui sought orders to quash the decision and be reinstated back to his position as well as compensation for damages suffered.

He however, withdrew the prayers for reinstatement after the 2017 elections were held and was later elected as the deputy speaker of the county assembly.