Kisumu Court of Appeal has allowed an application by the Kisumu County Assembly to challenge the reinstatement of Speaker Ann Adul and two other officers.
The Appellate Court ruled that the appeals filed by the Kisumu County Assembly, the acting Speaker Gabriel Otieno and the acting Clerk and his Assistant is arguable and must be determined within 60 days.
The preliminary issue whether the appeal is admissible was heard by Justices David Maraga, Festus Azangalala and Sankale Ole Kantai.
While giving the ruling, Justice Maraga said that the appeals by the Appellants are arguable since it is capable of raising substantive issues of facts.
He said that the decision was reached after they perused through the application together with the affidavits sworn in support and opposition of them.
He noted that to balance the parties competing interest, they granted the order of injunction and stay pending appeal sort in the two applications for a period of 60 days within which the applicant should lodge their appeals and have them determined.
Justice Magara said that the cost of the application would be in the intended appeal.
The bone of contention is the reinstatement of Adul as the House Speaker, Nelco Sagwe and Peter Anditi as the Clerk and Assistant Clerk respectively by the Industrial Court in Kisumu after they were removed by Members of Kisumu County Assembly.
Adul and the other two officers later moved to the High Court after being removed, but their cases was transferred to Industrial Court.
Industrial Court found out that the fundamental rights and freedom of Speaker Ann Adul were infringed since she was not given a chance to be heard hence the reinstatement.