Court reinstates Isiolo County Clerk Boru amid plans to oust Guyo » Capital News
NAIROBI, Kenya, Jun 19 – A Nyeri Court has reinstated Isiolo County Clerk Salad Boru amid feud over plans to oust Governor Abdi Guyo, pending a hearing set for Wednesday next week.
The order by Employment and Labor Relations judge Justice Onesmus Makau came after he was abruptly removed from office by the County Assembly Service Board.
“The application is certified urgent and interim injunction is granted in terms of order 2 in the Motion pending inter-partes hearing,” he stated. “That the application is fixed for inter-pates virtual hearing on 25th June 2025.”
He also ordered that the respondents be served Thursday and responses filed on or before Tuesday next week.
Boru sued the Speaker of Isiolo County Assembly and the County Assembly Service Board.
“The Honourable Court be pleased to grant an exparte conservatory order, to preserve the office of the clerk of County Assembly, Isiolo county and to prevent any other person from discharging the functions of the office of the clerk- Isiolo County, pending the hearing and determination of the Application dated 17th June 2025,” his application said.
The board had on June 16 sent Boru on a compulsory leave. This was meant to pave way for the pending debate for the impeachment of the governor.
The clerk said there is apprehension that in the interim, the respondents and the County Assembly of Isiolo, may appoint a person into the office of the Clerk of County Assembly, Isiolo County.
He was suspended from office for allegedly internal administrative purposes which he contended is arbitrary ground and manifestly in violation section 22 of the County Assembly Services Act, which limits the grounds for suspension or removal of the county assembly clerk.
The law says the clerk may only be suspended for inability to perform functions, gross misconduct or misbehavior, incompetence, bankruptcy, violation of the provisions of the Constitution and violation of the provisions of the County Assembly Services Act.
The clerk said no due process has further been followed as he was unilaterally suspended by the Speaker who chairs the board.
He said as confirmed in an affidavit of Abdi Sora Balla, a member of the County
Assembly Service Board of Isiolo County, there were no meetings held, and no resolutions taken by the board to suspend the clerk from office.
Guracha on Tuesday cancelled the planned public participation sessions to impeach governor Guyo.
Guracha announced the cancellation following a court order that suspended the planned impeachment.
The Assembly had put a notice on June 14 announcing public participation for the removal of the governor.
“Notice is hereby issued that the County Assembly of Isiolo in compliance with the above court order has cancelled the Public Participation exercise slated for 18th June, 2025 in various Wards within Isiolo County,” said Guracha in a notice.
The High Court in Isiolo issued an order stopping impeachment of governor Guyo pending hearing and determination of case before it.
Justice Heston Nyaga said he had perused the application, the affidavit in support thereof and the Petition and he was satisfied that the Petitioner/Applicant has made out a case that warrants grant of the relief sought.
He certified the application as urgent and ordered it be served upon all the respondents by close of business on June 17 2025.
“That pending the hearing and determination of this Application inter-partes, a conservatory order is hereby issued restraining, barring and or preventing the Respondents either by themselves or their agents from admitting, processing, debating or considering or in any manner whatsoever considering the Notice of Motion dated 10th June, 2025 for proposed removal from Office of the Governor of Isiolo County by impeachment founded on the Notice of Motion presented and intended to be debated on Tuesday, 17th June, 2025 or any other day the Respondent may set.”
Guyo had sued the County Assembly and the Speaker.
He directed the third respondent to furnish the Petitioner/Applicant with a copy of the Notice of Motion for Impeachment, together with all supporting documents, within 48 hours of service of the order.
The respondents have seven days to file their responses with leave to the Petitioner/Applicant granted leave to file and serve any supplementary affidavit within 3 days of service of the responses.
The planned sessions to impeach the governor failed following chaos that broke out.
The County Assembly, led by Speaker Roba, was preparing for a public participation process.
The motion received unanimous support from all 18 MCAs.
According to the motion, the MCAs are seeking the governor’s removal on grounds of gross misconduct, violation of the Constitution and various laws, and abuse of office.