Court declares ex-Speaker's ouster illegal, orders assembly to pay him

It is a big win for the former Speaker of Kisumu County Assembly after the Court of Appeal declared that his impeachment unlawful. 

A three-judge Bench Wednesday ruled that Onyango Oloo’s ouster violated his constitutional rights, particularly his right to a fair hearing.

Justices Festus Asike-Makhandia, Hellen Omondi and Luka Kimaru also ordered the Kisumu County Assembly to pay Oloo six-month salary and  outstanding allowances.

The judges found that Oloo had not been given sufficient time to prepare his defence, and that the impeachment proceedings had been rushed and unjust. 

The court also determined that the process had not adhered to the necessary legal procedures, including the provisions of the County Assembly Standing Orders.

The decision overturns a previous ruling by the Employment and Labour Relations Court, which had upheld the impeachment.

Oloo was kicked out after allegations of misconduct, abuse of office and failure to perform his duties effectively. His impeachment was also based on allegations that he was facing corruption charges regarding the Sh4.1 billion Lake Basin Mall scandal at a Miliamani Court

The ouster Motion was presented to the Clerk on September 17, 2019, and was swiftly approved and scheduled for debate the next day. Oloo was served with an impeachment notice via WhatsApp on the debate day.

The notice, sent at 1.26pm, invited Oloo to defend himself before the Assembly at 3.00pm. 

The former Speaker argued that this short notice did not give him a reasonable opportunity to prepare and present his case, thus violating his rights.

“I was only given a mere one-and-a-half hours to prepare a defense against serious charges. This clearly goes against the principles of natural justice, which guarantee fair hearing and administrative fairness,” said his petition.

Through his legal team led by Prof Tom Ojienda, Oloo further claimed that he was barred from accessing the assembly to present his case, with hired goons obstructing his entry. 

Despite attempts to appear and request an adjournment, MCAs proceeded with the Motion, resulting in a vote of 42 members, constituting 75 per cent of the members, in favour of his impeachment.

The Court of Appeal agreed, noting that this was a breach of his right to a fair trial, which is a fundamental aspect of the Constitution, according to the court.

“The notice for the impeachment hearing was sent to him only hours before the session, leaving him with insufficient time to prepare a defense.”

The court also criticised MCAs for failing to follow procedures during the impeachment process. 

“The Kisumu County Assembly did not comply with its own rules of procedure, and as such, the impeachment process was tainted and unconstitutional,” the judges ruled.