Ousted Tharaka Nithi County Assembly deputy speaker also the Marimanti MCA Susan Ngugi with one of her lawyers Kirimi Gituma outside the Chuka Law Courts at a past hearing. PHOTO/CORRESPONDENT

Chuka High court will in one week’s time make a ruling on a case where ousted Tharaka Nithi Deputy Speaker Susan Ngugi has sued Speaker, Clerk and the County Assembly for ignoring a court order suspending her impeachment.

The matter will be ruled on May 28, 2019 and later the applicant allowed by the court to file the reinstatement plea.

In March, the Marimanti ward MCA’s lawyers had asked the court to commit the Speaker and Clerk to civil jail for disregarding the order issued and served on February 12 same day when their client was impeached.

“The respondents were aware that there was an active matter in court and should be committed to civil jail for not adhering to the court order,” lead lawyer Kirimi Muturi said.

The respondents’ counsel raised concern on why the applicant’s lawyer only wanted the first and second respondents committed to civil jail and not the third terming it discriminatory.

Applicant’s Argument

The MCA’s lawyers recently argued that their client was the Chair of the county assembly Liaison committee that coordinates house business and action against her position would affect the business of the said assembly.

They also told the court that the vocal MCA was also the secretary to Deputy Speaker’s forum whose business had stalled and being the only female deputy speaker, she deserved affirmative action.

Court order

Lawyer Kirimi Gituma for the applicant submitted that the court order was very clear and binding to the defendants on the issues they should have engaged in.

He further argued that the respondents deliberately proceeded with the impeachment motion because they were aware of the matter on February 12 as their lawyer was also present in court.

The respondents’ lawyer only identified as Kibra admitted having been in court on the material day but noted that could not have called the officers as proceedings went on and therefore had to wait until adjournment of the session.

Impeachment time

The lawyer however could not state the exact time when Ngugi was impeached as affidavit by the Speaker showed that he presided over the event from 10am to 11:44 am while that of the acting clerk stated that sittings began at 9:30am.

On whether service was effected, lawyer Kirera Kinoti for the applicant said the court order was served at former Meru South Municipal offices in Chuka town where the respondents’ offices are located.

“Only chambers are at Kathwana where the respondents allege should have been served but the offices are in Chuka. The respondents have misled the court for saying that the documents should have been served at Kathwana,” Kinoti said during the previous hearing.

Lawyer Kinoti further submitted that an earlier application dated February 8, 2019 was served at the same office and service acknowledged by a secretary.

The respondents lawyer however said the pertinent question that should have been asked was who was served and at what time.

He cited a paragraph in the process server affidavit ‘a secretary at the office dully accepted service and declined to sign… at around 11am…’ arguing that it did not satisfy the requirements as envisaged in the return to service.

“The requirement as envisaged in the law of contempt has not been satisfied,” Kibra said.

Court process server

The applicant submitted that based on an affidavit by a process server, who told court that officers at the clerk’s office declined to sign acknowledgment and gave him direct contact for their boss, the respondents should have had their phones on waiting for court’s decision.

Kibra insisted that the process server should have served the respondents personally but Ngugi’s lawyers argued that the court process server even went ahead and texted the Clerk.

The MCA on grounds of alleged gross misconduct was on February 12 ousted after 16 colleagues voted her out.

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