Narok Senator Ledama ole Kina was handed a lifeline on Monday, May 11, after his removal from the powerful Senate County Public Accounts and Investment Committee (CPAIC) was temporarily halted by the High Court.
Ledama had, through lawyer Nelson Havi, sought reprieve from the courts after Siaya Senator and Senate Minority Leader, James Orengo, wrote to the Speaker of the Senate, Kenneth Lusaka, seeking to have Ledama removed from the committee days after he was elected its chair.
The Attorney General, Minority Leader of the Senate, Speaker of the Senate and the Senate were listed as the 4 respondents in the case presented before Justice Weldon Korir.
"Upon perusal of the pleadings on May 11, 2020, by the petitioner, Senator Olekina, I find that the petitioner has established an arguable case. His pleadings also show that unless a conservatory order is issued, the petition may be overtaken by events.
"The petitioner has also established that he will be prejudiced if the respondents are allowed to proceed with the proposed actions. In the circumstances, conservatory orders are issued in terms of prayer 2,3 and 4 of the notice of Motion dated May 11, 2020, and filed in court on the same date," Justice Korir's ruling reads in part
He further ruled that the matter would be mentioned on May 14, for directions on hearing of the application.
In his petition, Ledama had detailed and argued out the validity of his election, citing alleged contravention of rights or fundamental freedoms under articles 10,27 (1), 38 (2) and (3), 47 (1), 50 (1), 94, 96, 124 and 159 of the Constitution of Kenya.
"The petitioner is a member of the Orange Democratic Movement, a political party in the NASA Coalition, a minority party in the Senate. At all material times since his election to the Senate in 2017, the Petitioner has been a member of the County Public Accounts and Investment Committee (CPAIC),
"The Petitioner was validly elected as a member of the minority party/NASA coalition in the Senate, to the Senate Business Committee, member and Chairperson of the CPAIC on April 20, and May 4, respectively," reads Ledama's petition to the High Court in part.
On May 7, Orengo, through the letter sent out to the Senate Speaker, stated that the party had discharged Ledama from his new position.
"In accordance with the Senate Standing Order 190, I hereby give notice of the discharge and the removal of Senator Ledama ole Kina from the County Public Accounts and Investment Committee and the Senate Business Committee," reads an excerpt of the letter.
