City Lawyer Michele Omwoyo got the last laugh on Tuesday after the high court in Nyamira ordered the Speaker to swear her in as nominated MCA within 24 hours.
In the landmark ruling, Justice Wilfrida Okwany ordered the speaker to swear her in as the Jubilee nominated MCA representing the gender.
In the case, Omwoyo had filed an application seeking for court to order her to be sworn into office after court nullified the nomination of Dolphine Nyangara who has been holding the position for a year.
Last week, Nyangara suffered yet another blow after the court of appeal dismissed her appeal and affirmed Omwoyo as the duly nominated MCA.
In this matter, Omwoyo had sought court intervention after the speaker refused to swear her in saying they were waiting for IEBC to gazette her.
However, the current lack of quorum at the IEBC had rendered her swearing impossible as both parties claimed their hands were tied.
In her ruling, Justice Okwany directed the speaker to declare the seat of the duly nominated MCA Nyamira under the Gender Top Up List representing Jubilee Party vacant immediately.
She further went ahead to order the speaker to further swear in Omwoyo within the next 24 hours, failure to which he will be held in contempt.
Omwoyo had argued that despite the fact that there are no stay orders stopping her swearing in, the speaker had failed, refused and or neglected to swear her in.
She argued that there is no requirement in law for the Petitioner to be gazetted as a pre requisite requirement for her to be a Member of the Nyamira County Assembly.
