Machakos Speaker Ann Kiusya. Photo Courtesy. 
By Virginia Siebela
Machakos County Assembly Speaker Ann Kiusya has moved to court under a certificate of urgency, seeking to overturn earlier orders that allowed nine suspended Members of County Assembly (MCAs) to resume sittings. The MCAs had been suspended by the Speaker for 28 sitting days following disciplinary concerns.
In her application, Speaker Kiusya argues that the court issued the orders without affording her a chance to respond to allegations raised by the MCAs, all of whom hail from the Majority side. She maintains that this amounted to a denial of a fair hearing and a breach of the principles of justice and due process.
Represented by a legal team led by prominent lawyer Danstan Omari, the Speaker wants the temporary court orders vacated on grounds of material non-disclosure. Omari told journalists outside the Machakos Law Courts that the petitioners—who are subjects of ongoing disciplinary proceedings—deliberately withheld critical information from the court.
"This omission misled the court into granting ex parte orders," said Omari, insisting that the orders were issued without jurisdiction and before the Speaker could defend herself. He argued that the MCAs should have first exhausted internal Assembly mechanisms, including appearing before the Special Appeals Committee, before turning to the courts.
Omari further claimed that a wider scheme is at play to unlawfully remove Speaker Kiusya from office, pointing to what he termed as "extrajudicial utterances" aimed at undermining her authority. "We shall resist such illegal attempts with the full force of the law," he vowed.
High Court Advocate Martina Swiga, who is also on the Speaker’s legal team, confirmed that they had filed a notice of preliminary objection and were now awaiting the court's ruling on the matter.
The suspended MCAs include Majority Leader Nicholas Nzioka, Deputy Speaker Stephen Nzue Mwanthi, ousted Minority Leader Judas Mbili Ndawa, and MCAs Felix Mutunga Ngui, Raphael Lucky Nzau, Charles Mbuva, Phoebe Koki, Anna Nthenya Ndilo, and Catherine Kyee.
Meanwhile, Kinanie/Mathatani MCA Francis Kavyu and Mbiuni MCA Peter Kilonzo hit out at Governor Wavinya Ndeti over her recent remarks that President William Ruto, CS Alfred Mutua, and MPs Caleb Mule, Patrick Makau, and Vincent Musyoka are fueling turmoil in the Assembly.
The court has reserved its ruling, which will determine whether the ex parte orders remain in force and, by extension, affirm or revoke the suspension of the MCAs—setting the stage for a legal showdown over the limits of the Speaker’s authority.
