A Kisii Court judge on Friday quashed a petition brought against the Nyamira County Assembly Majority leader, Beauttah Omanga, in a landmark ruling.
A pocket of jubilant voters danced outside the law courts when news of the Ward Rep’s victory filtered out.
Judge C N Nagila said that even though a report tabled in the Nyamira County assembly had recommended for the removal of those culpable, there was no follow up evidence that the recommendations were actually adopted or endorsed by the assembly.
Omanga has been in court for the last few months to retain his seat after Zacharia Keango Mecha, a voter went to court accusing Omanga of abuse of office. This was in connection with the disappearance of Sh30 million in a failed health scheme for MCAs.
In his application, Keango argued that Omanga, being a signatory to the minutes that Okayed the health insurance scheme then, he among others, should bear responsibility and bow out of their offices.
He said a report prepared by county public investment and the accounts committee recommended his, among other officers, to be removed from office.
“The report was used to sack the speaker of the county assembly but selectively left the respondent still in office despite recommendations to have him dismissed,” Mecha argued.
In his defence, Omanga refuted the accusations saying the application was ‘incompetent and a witch- hunt aiming at tarnishing his name’.
He further argued that the application to remove him as the assembly majority leader was flawed as he was a duly elected and recognised leader of majority in the county assembly in accordance with the standing orders of the assembly.
In her ruling, Justice Nagila said: “The fact that the committee recommended that the speaker and the vice chair of the tendering committee should take responsibility for their actions did not mean that the speaker and his vice chair should relinquish their chairman and vice chair seat in the tendering committee.”
In quashing the application the judge said: “By virtue of being the leader of the majority party of the County of Nyamira, I believe the respondent was elected not by default but by virtue of the seat he occupies as the majority leader of the County assembly of Nyamira.”