The legal battle pitting ousted Kisumu County assembly speaker Ann Adul and the MCAs will now be heard and determined by the industrial court.
Lady Justice Esther Maina ruled that the petition filed by Adul be taken before Justice Hellen Wasilwa at the industrial court for further directions.
The judge also noted that issues of fundamental rights can also be heard by the industrial court.
Justice Maina further added that the petition has not been overtaken by events as submitted by the assembly through lawyerJustice Maina
She further ruled that the relationship between the speaker and the assembly is that of an employee and employer.
The County assembly through its lawyer had earlier submitted that the suit has since been overtaken by events after MCAs voted in removing the speaker.
He further argued that there were no orders stopping the assembly from impeaching the speaker, noting that the move was quite within the law.
Rodi also noted that Adul’s lawyer Ken Okongo should disqualify himself from the suit since he cannot act against his own clients.
But the judge says it has not been demonstrated that Okongo has in the past acted for other parties in the suit.
The judge extended orders stopping the Kisumu County assembly from interviewing applicants for the position of speaker.