A Nyeri court on Thursday ordered the reinstatement of
Isiolo County Assembly Clerk, Salad Boru Guracha, following his abrupt removal
from office by the County Assembly Service Board.
Nyeri Employment and Labour Relations Court Judge Onesmus Makau issued the orders after Guracha moved to court.
“The application is certified urgent, and an interim injunction
is granted in terms of Order 2 in the motion pending inter-partes hearing,” the
judge ruled.
“The application is fixed for inter-partes virtual hearing
on 25th June 2025,” he added.
The judge also directed that the respondents be served on
Thursday, and their responses filed on or before June 24, 2025.
Guracha has sued the Speaker of Isiolo County Assembly and
the County Assembly Service Board.
“The Honourable Court be pleased to grant an ex-parte
conservatory order to preserve the office of the Clerk of the County Assembly
of Isiolo and prevent any other person from discharging its functions pending
the hearing and determination of the application dated 17th June 2025,” his
application read.
The Board had sent Guracha on compulsory leave on June 16.
The decision is tied to the ongoing efforts to impeach Governor Abdi Guyo.
The clerk expressed concern that the respondents, including the County Assembly, might appoint another person to his office in the meantime.
He was suspended on what was described as internal
administrative grounds, which he argued were arbitrary and in violation of
Section 22 of the County Assembly Services Act.
The law only allows for the suspension of a county assembly
clerk for reasons such as inability to perform duties, gross misconduct,
incompetence, bankruptcy, or violation of the Constitution or the County
Assembly Services Act.
The clerk also claimed due process was not followed, saying
he was suspended unilaterally by the Speaker, who chairs the Board.
He cited an affidavit by Abdi Sora Balla, a member of the
County Assembly Service Board, confirming no meeting was held and no
resolutions passed to suspend him.
On Tuesday, Guracha cancelled planned public participation
sessions related to Governor Guyo's impeachment.
He made the announcement following a court order suspending
the impeachment process.
The Assembly had issued a notice on June 14, inviting public
participation on the governor's removal.
“Notice is hereby issued that the County Assembly of Isiolo,
in compliance with the above court order, has cancelled the Public
Participation exercise slated for 18th June, 2025, in various wards within
Isiolo County,” Guracha said in a notice.
Earlier, the High Court in Isiolo issued an order stopping
the impeachment process pending the hearing and determination of a case.
Justice Heston Nyaga said he had reviewed the application,
its supporting affidavit, and the petition, and was satisfied the petitioner
had made a case for the relief sought.
He certified the application as urgent and ordered it served
on all respondents by close of business on June 17, 2025.
“Pending the hearing and determination of this application
inter-partes, a conservatory order is hereby issued restraining, barring, and
preventing the respondents, either by themselves or their agents, from
admitting, processing, debating, or considering the Notice of Motion dated 10th
June, 2025, for the proposed removal from office of the Governor of Isiolo
County by impeachment,” the judge ruled.
The order also applied to any other day the Assembly might
set for debate.
Governor Guyo had sued the County Assembly and the Speaker.
The judge directed the third respondent to furnish the
petitioner with a copy of the impeachment motion and supporting documents
within 48 hours of service of the order.
The respondents were given seven days to file their
responses. The petitioner was granted three days to file and serve any
supplementary affidavit after receiving the responses.
Sericho MCA Abubakar Godana had tabled the impeachment notice.
Governor Guyo was given seven days to respond to the
allegations.
However, the planned impeachment sessions failed following
chaos at the Assembly.
The County Assembly, led by Speaker Mohamed Roba, had been
preparing for public participation.
The motion received unanimous support from all 18 MCAs.
The MCAs seek the governor’s removal on grounds of gross
misconduct, abuse of office, and violation of the Constitution and other laws.
