Africa-Press – Kenya. Kakamega Governor Fernandes Barasa’s bid to have a petition challenging the removal of four County Public Service Board (CPSB) members from office flopped Monday.
Through his lawyer Patrick Lutta, Barasa wanted presiding judge Jemimah Keli of Kakamega Employment and Labour Relations Court to throw out the petition because the petition documents were not signed.
The petition was filed by the four members who were impeached by the county assembly.
“We don’t have a petition here. Just strike out the petition that is before you because it is not signed. Your lordship confirm with her documents whether they were signed,” he said.
“My documents are not signed,” Judge Keli responded, which opened a series of arguments.
But in rebuttal, petitioners’ lead counsel Calistus Shifwoka said the petitioners filed the petition on December 20, 2023 and at the time of filing, the court assistant petitioners who were present confirmed all the documents were filed in compliance with the law.
“We do not see any substantial reason why the respondents (Governor and county government) will allege that the copies are unsigned. We are certain and consistent that the documents before you are fully compliant with the law.”
Shifwoka asked the court to confine itself to the initial documents the duty Judge (Stephen Radido) relied on in issuing orders that barred the governor from sacking the board members.
“In fact, they (respondents) have come in court with unclean hands for disobeying a court order. They have stopped salaries for the board members and locked their offices. That’s contempt of court,” Shifwoka told the court.
Kennedy Okongo, the lawyer representing the County Assembly of Kakamega also said the documents were not signed praying the petitioned soul be dismissed.
The heated arguments forced Judge Keli to adjourn the heated court session for 15 minutes so that a copy of the petition in the court registry’ could be printed.
When the court session resumed, it was established that the petition was properly filed, stamped and had all the requisite signatures.
“We will not strike out the petition despite the existence of unsigned documents in the court. The petition that was filed electronically shall take precedence as it was filed properly,” ruled Judge Keli
Justice Keli further extended orders barring Governor Barasa from sacking the board members until a ruling on the matter is made.
She also directed the parties to appear before her on February 9(Friday) to mention the case and also give a date for the ruling on the petition.
Catherine Omweno (Chairperson) and members Stanley Were, Ralph Wangatiah, and Joel Omukoko were impeached on December 14, last year by the County Assembly.
Vice-chair Ambrose Subayi and member Sylvia Otunga survived.
The four obtained the orders from Justice Stephen Radido of Kisumu after they sued the county government, governor, county assembly and county secretary on a certificate of urgency for what they termed as unfair sacking.
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