Things got heated before a Kisumu court as lawyers argued on whether Governor Amos Nyaribo was served with the petition filed last week by CEC Health Timothy Ombati.
Ombati’s legal team led by Lawyer Danstan Omari insisted that they had served the governor and even filed an affidavit of service.
Other lawyers on Ombati’s team include Shadrack Wambui, Michelle Omwoyo, Brian Mabeya and Shanice Maingi.
The matter was coming up for inter-parties hearing following directions issued by court last week.
However, Nyamira County solicitor Nyambane, told court that he had been instructed by the county attorney to tell court that they had not been served.
He claims that they instructed one of their attorneys to call lawyer Danstan Omari who told them that he would serve them with the documents but he did not
“Upto this morning we are unable to file any documents because we have not been served with any pleadings, we are requesting that we be served then we proceed,” he said.
In response, Omari submitted to court that they had indeed served the governor and the county further saying the solicitor addressing court improper as he was not on record.
“You are being told that a third party called me, someone they instructed, I have not received any call from any advocate and in any case, shouldn’t that advocate be on this platform telling you that he called me! He has disappeared or does not exist; that’s why the solicitor is here giving you hearsay,” Omari said.
He wondered why and how they had appeared in court If they were never served, and how did they instruct the advocate.
“The impunity of Nyamira county is exhibited before you with an opportunity for an adjournment which is vehemently opposed, we pray that you grant the prayers as asked,” he said.
Omari said in the matter a young doctor had been sacked without any mercy and that’s why they appeared before court on vacation rules and the judge certified the matter as urgent and set inter-parties for Monday.
“To bring impunity to an end, allow us to proceed with our application and if it will be declined then grant us conservatory orders,” he urged.
On his part lawyer Shadrack Wambui echoed Omari’s sentiments and added that the nature of their application was to be considered even without the response of the governor or county.
Wambui further said that the judge was empowered to grant conservatory reliefs where a prima facie case is made exparte
“The court has an opportunity of arresting an injustice before it becomes a culture among the respondents, at this state grant us temporary relief,” he said.
The county solicitor said they that they learnt on social media that the matter was coming up as the residents were discussing on various forums.
Justice Christine Baari then directed Ombati’s team to serve the governor by close of business today and the governor has seven days from today to file his responses.
The case will be heard on October 2.
