Court: Nyandarua assembly deputy Speaker’s election illegal

High Court Judge Justice Joel Ngugi. PHOTO | FILE | NATION MEDIA GROUP

The election of Nyandarua County Assembly deputy Speaker was illegal, the High Court in Nakuru has ruled.

Justice Joel Ngugi noted that the election Mr Zachary Mwangi Njeru was illegally presided over by the assembly clerk rather than the Speaker of the assembly

“It was a transgression of the law for the clerk of the assembly to preside over the election of deputy Speaker when the substantive Speaker had already been elected,” he said. 

“It was wrong and no amount of sophism, structural or post-structural reading of the legal text can change that fact.”

But Mr Mwangi, who has served in that capacity for the last four and a half years, will suffer no punishment after the court absolved him of any wrongdoing, instead holding Speaker Ndegwa Wahome liable for abdication of duty.

The judge said that the Speaker, who was present during the election, failed in his mandate by allowing a stranger to preside over the business of the assembly.

The petition was filed on December 23 by Mr Anthony Wamugunda, who sought to have the position declared vacant on the grounds that the current bearer was holding it illegally.

Mr Wamugunda had also asked the court to compel Mr Njeru to refund all the money and benefits he had earned since he illegally assumed the office in 2017.

Justice Ngugi noted that the ruling would guide future county assemblies on the correct procedure for electing a deputy Speaker.

He said it would be pointless to take punitive action against the deputy Speaker considering the circumstances, including that his term ends soon.

He, therefore, ruled that the findings should not have any impact on Mr Njeru or the remainder of the term.

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