Ms Damaris Mouni, the nominated ODM MCA to Nyamira Assembly who was kicked out by a lower court, would after all continue serving until an appeal launched by her is determined.
When issuing orders on Monday, High Court Judge Joseph Karanja noted that the petitioner was entitled to continue serving.
So complicated is her fate that the ODM party, still maintains that one Irene Mayaka, was the duly nominated MCA.
It all started by Ms Mouni taking oath last year, a move that was disowned by ODM, which insisted that Ms Mayaka was the duly nominated by the party.
An appeal launched by Mouni was thrown out by a lower court in Nyamira precipitating to swearing in of Mayaka by Nyamira Assembly clerk.
However, the orders by the court throws Ms Mayaka to scratch since she has to fight again from outside the assembly.