standard By Maureen Odiwuor
Kisumu; Kenya: Kisumu West MP Olago Oluoch has been sued for interfering with the election of eight Constituency Development Fund Committee members.
Mr Phillip Ogol through his Lawyer Ken Amondi told the court that Mr Olago acted contrary to the law by appointing the members without any secondment by an officer from the CDF board.
Amondi told Kisumu High Court judge Aggrey Muchelule that the MP had contravened the County Government Act 2012.
“Section 50(g) of the law demands that a sub-county administrator who will be appointed by the county public service board will consult with the MP and CDF Manager in appointing eight out of the 25 elected members of the board,” he said.
Amondi said there is currently no County Public Service board, hence no sub-county administrator; therefore the MP had appointed the board illegally.
He said the sub county administrator will represent the public interest which will promote citizen participation on development of policies, plans and delivery of services.
In his affidavit, Ogol claimed three people complained that CDF Committee member’s election in South West ward was done on short notice of three days. The three are Edwin Oindo, Joseph Adika and Pamela Obiero.
In response, the Kisumu West CDF manager, Mr Weldon Langat’s lawyer Patrick Otieno said the Transition Authority Act supports the appointments of the board after the first election.
He pointed out that the applicant had come to the wrong court and said the CDF Secretariat tribunal was capable of handling the matter.
“We ask the court to strike off this matter because it is a waste of judicial time, since there have been complaints of backlog of cases. The matter should be taken to the CDF tribunal,” he said.
The ruling of the case will be delivered on Wednesday