Court denies plea by MCAs Akugo, Maira and Mwise to be reinstated back to CPIAC after suing Boaz

July 5, 2021 - News, Nyanza News - no comments
From LEFT: Migori speaker Boaz Okoth, Ntimaru East MCA Agustine Mwise, Mihuri Bay MCA Hevron Maira and Central Kanyamkago MCA Alex Akugo

By MN Reporter

The Migori High Court has denied a plea by three MCAs to be reinstated as members of the powerful County Public Investments and Accounts Committee (CPIAC).

The three, Alex Akugo (Central Kanyamkago), Hevrone Maira (Muhuru Bay) and Augustine Mwise (Ntimaru East) through their advocate Philemon Ochwangi filed a case against speaker Boaz Okoth for illegal removal from the committee.

Lady Justice Roselyne Wendo in a court session yesterday noted that it was until parties were heard that she would act on the MCAs’ plea.

Two weeks ago, the three filed a suit against the speaker, county assembly and clerk, under a certificate of urgency. They sought orders to be re-instated.

Boaz in replying affidavit asked the court not to grant the orders sought by the three, as it would have usurped his legislative powers against the doctrine of separation of powers between the judiciary and the legislature.

He said the orders sought by the three were overtaken by events and their prayers were misleading the court as they failed to enjoin the new members of the committee as parties to the suit.

He further noted that allegations that he occasioned the adjournment of their sitting as members of CPIAC committee were untrue and that the three could not provide evidence to the claims.

“In any event I am not a member of CPIAC and thus could not have dictated its proceedings,” Okoth said.

According to the speaker, there is no requirement in law that the three had to be given reason for the reorganization of the assembly committees.

The speaker noted that it was the duty of a political party to appoint and elect members into CPIAC, accusing the three MCAs of intentionally failing to enjoin their political parties in the suit.

He held that he did not remove the three from the committee, but a motion was procedurally moved to the assembly on May 11 with all the required details where the assembly debated and adopted the report to remove the three from the committee and replace them with other people.

The court asked both parties to file their affidavits and responses, after which the case will be heard on July 28