No reprieve for Ottichilo as contempt suit upheld
Governor of Vihiga Wilber Ottichilo during a past press conference.
Governor Wilber Ottichilo has suffered a huge blow in his attempt to block a contempt of court case against him after the High Court declined to issue stay orders.
The contempt of court proceedings were initiated by former senior county officials who he fired following their impeachment in June. The court had ordered their reinstatement, but Dr Ottichilo went ahead to fill their positions.
The move prompted the four county executive committee members—Dr Amos Kutwa (Health), Paul Mbuni (Lands), Pamela Kimwele (Public Service) and Kenneth Keseko (Transport and Infrastructure)—to sue him for disobeying court orders.
Dr Ottichilo had asked the High Court to set aside the contempt proceedings against him, saying the four had filed numerous other cases, a move he termed as expensive to him as well as an abuse of the court process.
The plaintiffs have filed three constitutional petitions in different courts—the contempt proceedings against Dr Ottichilo and two others seeking reinstatement. Justice Farah Amin dismissed the application to strike out the petitions and ordered the governor to pay each respondent on an indemnity basis.
“[Mr Ottichilo] is asking the court to shut out numerous other parties because he thinks that they have lost interest in their various cases and numerous applications,” he said. Dr Ottichilo also wanted all matters in court and orders issued in favour of the four officials suspended.
He further demanded payment for costs arising from the petitions. He argued that the petitioners had demonstrated that they had no confidence in the court and had sought justice elsewhere. In their defence, the officials submitted that the application by the governor was incurably defective after County Secretary Ezekiel Ayiego swore an affidavit despite not being party to the matter.
They also argued that the Employment and Labour Relations Court had jurisdiction to hear and determine their case.
Further, they said, the High Court also had jurisdiction to hear and determine the legality of the impeachment process and punish for contempt of its orders.
The court is expected to deliver its judgement on the contempt proceedings on December 9.
