Three Busia county government officials faced with corruption charges alongside Governor Sospeter Ojaamong are fighting to stop their removal from office.
In the petition filed at the Employment and Labour Relations Court in Nairobi, the three argued their suspension was discriminatory.
Alan Ekweny Omachari, Samuel Ombui and Bernard Yaite asked the Employment and Labour Relations Court to halt their imminent suspension pending the determination of the case.
The three accused the Busia County Service Board of plotting to suspend them as per section 62 Anti-Corruption and Economic Crimes Act, which states that any officer facing a criminal charge should be suspended until the case is determined.
Through their lawyer Danstan Omari, the three argued that the law was discriminatory since Ojaamong’, who is facing similar charges, will still be in office.
The Busia officials told Justice Byram Ongaya that they stand to suffer losses if they do not get the anticipatory orders.
Omari told the court that the Act should be declared unconstitutional, offensive and discriminatory stating: “Both the governor and petitioners are employees of the people of Busia County who should be treated equally without discrimination under the Act."
The judge directed the lawyer to serve the attorney-general, the county government of Busia and the board ahead of the hearing on July 12.
Ojaamong' and four officials denied charges of conspiring to commit an economic crime, abuse of office and engaging in a project without proper planning.
The fourth official is Leonard Wanda, who is an executive committee member.