Outgoing nominated MCA, Sandra Mario, today threatened legal action against County Speaker for alleged swearing-in her replacement after disregarding a court order.
Mario claimed Speaker Osoi was in his office when her lawyer, Edward Ambala, went to deliver a court injunction stopping him to swear in her successor, Elizabeth Kibor, who the IEBC recently gazetted her name to take over the seat for the county’s marginalised category.
But in a quick rejoinder, Osoi said he respects the law, and that at the time of swearing in Kibor, he had not seen the said court order
“If it came to the assembly and never reached my desk, how would I have known? All the same, if there were any instructions from the courts, they had been overtaken by events,” said Osoi.
Mario posted on social media copies of the alleged order that cites Isaac Oseur and Arnold Ochieng as petitioners against the nomination of Kibor by ODM, while ODM, IEBC, Wafula Chebukati, and speaker Osoi as defendants.
Her name appeared in the order as an interested party in the injunction that sought to seek a stay of the execution of Gazette Notice number 3701 of Vol CXXI – No. 47 pending the hearing and determination of the application.
The order says in part; “It is ordered that the 4th respondent (Speaker) is hereby restrained from swearing in and/or administering an oath declaring the interested party, herein Kibor as the special seat member of the Kajiado County Assembly.”
The order which was signed by Senior Principal Magistrate M. Kasera set the inter partes hearing on May 23 and was signed on May 7.
Kibor was sworn in and later addressed the media and thank the people of Kajiado for standing with her in her long journey of seeking justice.
She won an election petition case against Marion more than one year ago, but her opponent continued to draw salary throughout the period because ODM party had delayed in forwarding the name to IEBC for gazettement to replace Mario.