Nakuru County Assembly Deputy Speaker Samuel Tonui, has receive a lump-some payment of Ksh200,000 for being impeached unlawfully by the members of the county assembly.
The Nakuru High Court through Justice Janet Mulwa, found that the speaker and the clerk had violated Tonui’s rights by failing to give him enough time to prepare for his defense and failing to give him all relevant documents.
“Petitioner’s right to fair administrative action has been breached by the speaker (Susan Kihika),” Justice Mulwa noted.
Mr Tonui was first elected in 2013 before he was impeached.
He then filed a case in 2015 challenging the process of his ouster.
Mr Tonui sued the then Speaker Susan Kihika, Assembly clerk Joseph Malinda and MCA Moses Kipkoros Tuei for leading and allegedly convincing the MCAs to vote him out.
He also accused the two for allegedly entertaining a motion to amend the assembly standing orders, which led to his impeachment.
The court also learnt that Tonui was served with a notice of impeachment just an hour before the issue was debated and approved by the house.
This move is utterly against the provision of the law which states that a notice of impeachment should be served to one in at least two hours before debate to give room for preparation of defense.
Tonui was elected as the deputy speaker of the County Assembly.