Meru clerk sued over swearing in of MCAs
Former Abothuguchi Central MCA Ayub Bundi being sworn in after he was elected Meru Assembly Speaker. The assembly clerk has been sued over swearing in of four MCAs.
An activist has filed a contempt of court suit against Meru County Assembly clerk Jacob Kirari for presiding over the swearing in of four nominated MCAs against a court order issued on Wednesday.
Mr Salesio Thuranira, filed a constitutional petition and got orders barring the swearing in of four MCAs nominated under the marginalised category.
He argues that the Independent Electoral and Boundaries Commission (IEBC) erred in law by leaving out persons with disability in constituting the Meru Assembly.
Justice Edward Murithi issued the orders on Wednesday morning, 30 minutes to the swearing in ceremony.
"A conservatory order is hereby issued prohibiting the Clerk of County Assembly of Meru from presiding over the swearing in of the published persons in gazette notice No.10712 Vol.CXXV-NO. 186 schedule I (Meru County-012- Marginalized list)," the judge ordered.
Thuranira was required to serve the orders upon the clerk and the four political parties involved.
However, the four MCAs- Benson Kiriinya, Catherine Kamathi, Kenneth Maingi and Edith Makena of Devolution Empowerment Party (DEP), United Democratic Alliance (UDA), Jubilee Party and Party of National Unity (PNU) respectively were sworn in despite the court order.
In the contempt suit, Thuranira has listed the clerk, the four nominated MCAs and their political parties as interested parties.
He argues that a court process server was barred by police officers and a sergeant at arms from accessing the assembly to serve the clerk.
“Later in the same day, Mr Joel Maitethia, the court process server, served the Assembly clerk with the orders via his Whatsapp number at around 10.03 am,” Thuranira says.
Maitethia, the court process server, in his affidavit, says he was barred at the County Assembly gate despite introducing himself and explaining the purpose of his visit.
“…they refused to allow me in saying that they were under strict instructions not to let anyone enter except staff and Members of the County Assembly who were being sworn in,” Maitethia states.
