County assembly has rushed to court to seek removal of ex parte orders earlier issued to stop it from replacing suspended county clerk Daniel Konyango.
Lawyer Andrew Muma of Muma & Kanjama Advocates, while representing the assembly and the county assembly service board, went to labour relations court at Nairobi Milimani and obtained a certificate of urgency for the case to be heard today May 3.
Muma argued in his affidavit that on April 18, on the application of Konyango, the labour court issued interim ex-parte against his clients stopping them from hiring, or appointing on an acting capacity a clerk pending a full hearing of another case before the court launched by the former clerk.
The lawyer argued that the said ex-parte were obtained in gross non-disclosure of material facts specified in the application filed which is in essence misleading the court in issuing the said orders.
He claimed the ex-parte orders issued by the same court have the effect of paralysing the whole county assembly from exercising its public statutory and constitutional duties.
The county assembly and the county assembly service board, through their lawyer, further prayed to court to issue an order compelling the suspended clerk to unconditionally release and handover documents, property and stores under his charge belonging to the respondents forthwith.
The lawyer also prayed to the labour court to issue an order of stay of any further proceedings in relation to this matter pending the conclusion of the respondent’s statutory internal disciplinary process.
Konyango was suspended by the county assembly board early April on allegations of corruption, but later went to court to stop the employer from replacing him.