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Court saves Ledama ole Kina...for now

Monday May 11 2020

Narok Senator Ledama ole Kina 

Narok Senator Ledama ole Kina. He wants the court to determine that he is entitled to a notice as well as fair hearing. PHOTO | FILE | NATION MEDIA GROUP 

MAUREEN KAKAH
By MAUREEN KAKAH
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Narok Senator Ledama ole Kina has obtained reprieve from being ousted from two key House committees after the High Court saved him from being de-whipped.

Justice Weldon Korir ruled that unless the legislator is granted with the reprieve, his case will be overtaken by events hence his move to stop Mr ole Kina's removal from his coveted positions in two disputed committees.

The judge also certified the matter as extremely urgent and set it for hearing on a priority basis while issuing an order barring his removal as the chairperson for the County Public Accounts and Investments Committee (CPAIC) as well as the Senate Business Committee.

“Upon perusal of the filed pleadings of the petitioner, I find that he has established an arguable case, and that he will be prejudiced if the sued parties are allowed to proceed with their proposed actions,” said Justice Korir.

The embattled Senator moved to the corridors of justice and sued the Senate, Speaker Kenneth Lusaka as well as Minority Leader James Orengo and the Attorney General over the matter.

The judge directed that the sued parties be given copies of the filed case documents electronically before close of business today (Monday May 11).

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The directive issued by the court consequently means that the letters written by Siaya Senator James Orengo to the Senate seeking to have him removed from the disputed posts cannot be acted upon.

The two committees were to hold sittings today Monday May 11 to have him replaced.

'NO NOTICE'

According to Mr Ole Kina, the move to have him removed from the said posts is unlawful because he has not been given any notice as per Standing Orders number 1 and 76, the Constitution as well as rules of natural justice.

He also argued in his suit that he is not guilty of any misconduct to warrant being de-whipped in the manner intended, hence requires to be given an opportunity to be heard.

Mr ole Kina’s ouster comes after political differences between Deputy President William Ruto and Orange Democratic Movement leader Raila Odinga spilled over onto the floor of the Senate, threatening the leadership of CPAIC and the delegated legislation.

While he contested and won the election of the said posts against Kisii Senator Sam Ongeri, Mr Orengo indicated that ODM has given a notice to have him de-whipped from the two committees.

CPAIC is a watchdog committee chaired by the opposition and is meant to oversee use of public funds as well as investments in all counties.

He vowed to fight for the positions considering claims that he is merely being pushed out for being affiliated to DP Ruto.

He therefore wants the court to determine that he is entitled to a notice as well as fair hearing.

The case is set to be mentioned on Thursday May 14 for further directions.