The High Court has temporarily stopped the removal of Narok Senator Ledama Olekina from the Senate County Public Accounts and Investment Committee (CPAIC) pending hearing and determination of a petition challenging the move.
Ole Kina, whose election as Chairperson of the county watchdog committee, was challenged by the ODM senate minority leader James Orengo, had petitioned against his removal from the committee and new role.
Ole Kina, through his lawyer Nelson Havi, argued that he was validly elected and the move by Orengo to de-whip him was illegal.
Justice Weldon Korir certified the petition as urgent and issued the conservatory order which he said should be served electronically to Senate Speaker Keneth Lusaka, Orengo and Attorney General Paul Kihara Kariuki, all listed as respondents, before the close of business today, Monday, May 11.
In his ruling, Justice Korir noted that unless he issues the orders, then the petition may be overtaken by events.
The matter will be mentioned on May 14 for further direction on hearing of the application.
Ole Kina was formally discharged from CPAIC and the Business Committee last Thursday.
In a letter dated May 7, Senate Speaker Keneth Lusaka confirmed receipt of a notice from minority leader James Orengo to discharge Ole Kina from the two committees saying appropriate action has been taken in accordance with house standing order 190 (2).
“Therefore the senior stands discharged from the County Public Accounts and Investments Committee (CPAIC) and the Business Committee, ” the letter directed to Orengo reads.
The standing order requires the Chairperson of the Senate Business Committee upon receipt of the notice to convey it to the relevant committee.
“…and such notice shall take effect upon receipt by the Chairperson or Vice-Chairperson if the discharge relates to the Chairperson, ” the senate order reads.
Ole Kina was elected to head the county watchdog committee after trouncing Kisii Senator Prof. Sam Ongeri who got four votes, against the senator’s five.
Orengo accused the senator of betraying party agreement to support Ongeri.