National Assembly Speaker Justin Muturi has ruled that Ugunja MP Opiyo Wandayi is still not allowed to attend parliamentary duties even after the High Court suspended his ban from the Parliament.

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Speaking in Parliament on July 6, Mr Muturi said the ban still holds and he instead refereed the matter to the Privileges Committee for further direction.

"Ugunja MP is still a stranger to the house," Muturi said.

However, ODM MP's led by Mbita legislator Millie Odhiambo protested the move by the speaker saying that he is trying to create his own Constitution and that he is overstepping his mandate as the Speaker.

Senior Counsel Paul Muite was also quick to accuse the speaker of not adhering to the court ruling and treating court decisions with contempt.

"Kawaida for J Muturi, Speaker of the National Assembly, a lawyer by profession and a former Magistrate to treat courts with contempt," Mr Muite said on his twitter handle.

The move now means that the fate of Mr Wandayi lies with the Privileges Committee.