A Kisumu court has ordered for a fresh start of a case challenging the constitutionality of David Sifuna as speaker of the Trans Nzoia County assembly.
Lady Justice Esther Maina on Thursday directed advocate Barasa Nyukuri, who took the embattled speaker and the county clerk to court, to serve them with fresh summons to appear in court within a week.
This was after the speaker failed to appear in court for restart of trial that has been mentioned before two other high courts.
The judge ordered that the three appear in court next Thursday for the purpose of fixing a hearing date.
The petition, first filed in the Eldoret High Court, was transferred to Kitale on grounds of conflicts on administration boundaries. Nyukuri, however, challenged the decision, claiming that he was threatened by supporters of the speaker.
The case was then moved to Kisumu from Kitale by Judge Joseph Karanja for the security of the lawyer and to avoid contradiction of orders from the court handling similar cases.
In the application, Nyukuri alleges that the speaker in his roles and functions undermined the powers and functions of the county assembly clerk contrary to Section 13 of the County Government Act.
He wants the speaker punished for violation of the constitution, abuse of rule of law, abuse of office, impersonation, incompetence, assault of clerk, misappropriation of funds and fraud.