Ong’era v Speaker Kisii County Assembly & 2 others; Arati & another (Interested Parties) [2024] KEHC 6241 (KLR)

Ong’era v Speaker Kisii County Assembly & 2 others; Arati & another (Interested Parties) (Constitutional Petition E011 of 2024) [2024] KEHC 6241 (KLR) (29 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6241 (KLR)

Republic of Kenya

In the High Court at Kisumu

Constitutional Petition E011 of 2024

RE Aburili, J

May 29, 2024

IN THE MATTER OF ARTICLE 1(1), 2(1), (2) (5) AND (6), 3(1), 10, 19, 20, 22(1), 35, 41, 47, 73, 75, 165(3) (b), 183, 235, 236, 258, 259(1) OF THE CONSTITUTION OF KENY, 2010 AND IN THE MATTER OF ARTICLE 22(1) AND 165(3) (b) OF THE CONSTITUTION 2020 ON THREATENED AND ACTUAL VIOLATIONS OF THE BILL OF RIGHTS AND IN THE MATTER OF SECTIONS 3(1), 31 AND 40 OF TH ECOUNTY GOVERNMENT ACT, NO. 17 OF 2012 AS READ WITH SECTION 4 OF THE FAIR ADMINISTRATIVE ACTION ACT, 2016 AND IN THE MATTER OF THE CONTRAVENTION OF ARTICLES 10, 20, 73, 75 AND 236 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF CONREVENTIONOF ARTICLES 28, 35, 41 AND 47 OF BILL OF RIGHTS IN THE CONSTITUTION

Between

Dr. Alfred Ndembo Ong’era

Petitioner

and

The Speaker Kisii County Assembly

1st Respondent

Hon. Manani Richmond Ayori

2nd Respondent

The County Assembly of Kisii

3rd Respondent

and

H. E. Sima Arati, Governor Kisii County

Interested Party

County Government of Kisii

Interested Party

Ruling

1. This petition was filed simultaneous with an application for conservatory orders. I have heard the submissions by Dr. Ekuru Aukot and Mr. Kosgei Alvin counsel for the Petitioner who have submitted that the impeachment of the Petitioner flopped since the Committee of the Kisii County Assembly rejected the report on impeachment of the Petitioner herein.

2. That being the case, the status quo ante prevails.

3. As the petitioner does not wish to pursue the petition which is now overtaken by events, the Petition herein is marked as wholly withdrawn and with no orders as to costs.

4. This file is closed.

5. I so order.

Dated, Signed and Delivered at Kisumu this 29thDay of May, 2024R. E. ABURILIJUDGE