Kisumu County acting speaker Gabriel Ochieng has filed a suit against deputy speaker Pamela Omino Jossy for contempt court.
Ochieng is suing over an industrial court ruling made on March 25 this year.
The application was made on Thursday before Justices David Maraga, Gatembu Kairu and Agnes Murgor.
According to Rodi Rege who represented Ochieng, Omino Jossy is a stranger occupying the speaker's office unlawfully.
"Your honour, the respondent is aware there is a case on the matter in court and ruling was made about the impeachment of speaker Ann Adul. My client is in charge as the acting speaker," said Rege.
He added: " The county assembly elected acting speaker Ochieng to preside over the county assembly sessions in response to the order of the court. There is nowhere in the law that provides for her position. In our findings, she is in contempt of court and she should be punished."
But lawyer Daniel Otieno who represented Omino Jossy said that the application for the suit is a misconception of the law.
Otieno said that his client was not served with an application on the knowledge of the order in court about the acting speaker's mandate.
He said that Omino was elected as the deputy speaker by the county assembly according the new constitution under article 178.
"The applicant was elected in the capacity of the acting speaker after Adul was impeached," said Otieno.
He added: "We are tabling evidence in court that on October 31, 2014, a High Court order was served to the assembly to stop the election of the speaker. Therefore, your honour, in our finding we see the application lacks merit and evidence."
Presiding Justice Maraga said that the court of appeal shall deliver the ruling on July 24, 2015.