A three Judge Bench from the court of appeal will deliver its ruling on March 25 regarding the reinstatement of speaker Ann Adul by the industrial court.
The appeal was made by Kisumu County Assembly and was heard by Justices Festus Azangalala, David Maraga and Sankale Ole Kantai.
The appellants were each given ten minutes to do their presentation as Justice Magara said their submissions would be read.
During the court session, Senior Council Paul Muite who represented the Kisumu Executive said Adul was removed by over two third majorities of the members.
Muite said it cannot be in the public interest to halt the operations of the county assembly because MCAs and the speaker could not get along.
He said the court should consider that even if Adul, the clerk and his deputy were wrongly terminated, they can be adequately compensated by awards of damages.
Lawyer Ken Okongo representing Adul and the County Assembly Public Service Board said the executive is not allowed to interfere with the assembly which was a breach violating the constitution principle of separation of power.
Okongo said this was eroding the principle of accountability and transparency noting that the assembly should oversight the executive.
In a notice of motion filed by the assembly earlier, the ward representatives claimed Adul's reinstatement is like imposing her on them which may result in a political standoff that will greatly hamper development in the county.
Industrial Court Judge Hellen Wasilwa reinstated Adul after declaring her impeachment null and void saying it was done in violation of the law.
Justice Wasilwa said she was to report back to work and discharge her daily duties unless or until the speaker was lawfully removed according to the constitution and the standing orders.