Court Reverses Clerk’s Suspension as Isiolo Governor’s Impeachment Hits Legal Wall
A court in Nyeri has reinstated Salad Boru as Clerk of the Isiolo County Assembly after his abrupt suspension by the County Assembly Service Board. The Employment and Labor Relations Court issued the interim order on Wednesday, halting further administrative action until a hearing scheduled for June 25.
Justice Onesmus Makau ruled that Boru’s application, filed as urgent, deserved immediate attention. “Interim injunction is granted in terms of order 2 in the Motion pending inter-partes hearing,” he stated in the ruling. The judge directed that the respondents be served by Thursday and responses submitted before Tuesday.
Boru was suspended on June 16. He challenged the decision, claiming the suspension was not only unlawful but strategically timed to sideline him ahead of a scheduled impeachment motion against Isiolo Governor Abdi Guyo.
In his court application, Boru asked for a conservatory order to prevent anyone else from performing his duties until the matter is heard and determined. He accused the Speaker, who chairs the County Assembly Service Board, of acting alone without the board’s consent.
Supporting his claim, board member Abdi Sora Balla confirmed in an affidavit that no official meeting had been held and no resolution passed to suspend the clerk. Boru argued that the action violated Section 22 of the County Assembly Services Act, which outlines specific grounds under which a county clerk may be removed. These include incompetence, gross misconduct, bankruptcy, or violations of constitutional or statutory duties.
Parallel to Boru’s legal battle, Governor Guyo secured a temporary court order blocking his impeachment. The High Court in Isiolo, presided over by Justice Heston Nyaga, suspended the planned motion on June 17. The judge stated that the petition raised valid constitutional concerns that required judicial consideration.
“Pending the hearing and determination of this application inter-partes, a conservatory order is hereby issued,” Justice Nyaga ruled. The order restrains the County Assembly and its agents from debating or acting on the impeachment motion dated June 10.
The court also ordered the County Assembly to share the impeachment motion and supporting documents with the governor’s legal team within 48 hours. The respondents have seven days to reply, and the governor may file supplementary documents within three days of receiving those responses.
Speaker Mohamed Roba, who had earlier published a public notice on June 14 inviting residents to participate in the impeachment process, canceled the forums. The cancellation came after the court’s conservatory order was served.
“Notice is hereby issued that the County Assembly of Isiolo, in compliance with the court order, has cancelled the Public Participation exercise slated for June 18,” Speaker Roba announced.
Despite legal roadblocks, the impeachment motion had drawn full support from all 18 Members of the County Assembly. The grounds cited included gross misconduct, abuse of office, and breaches of both the Constitution and other legal statutes.
However, efforts to begin the process collapsed when chaos erupted during an earlier session of the County Assembly, disrupting proceedings and stalling the motion.
The court is now set to decide both matters the legality of Clerk Boru’s removal and the contested impeachment of Governor Guyo next week.
