The High Court of Kenya at Isiolo has dismissed an attempt by Mohammed Roba Koto to participate in a constitutional petition challenging the temporary relocation of the Isiolo County Assembly, dealing a setback to claims anchored on a contested leadership position.
In a ruling delivered on December 11, the court held that Mr. Koto had failed to demonstrate a clear and legally recognizable interest in the matter, a prerequisite for admission as an interested party. While he asserted that he was the Speaker of the County Assembly and therefore entitled to be heard, the court found no evidence to support that claim at the material time.
Instead, the judge relied on an existing Gazette Notice indicating that another individual was lawfully recognized as Speaker when the relocation to Oldonyiro was gazetted. The court noted that no proof had been presented to show that the notice had been revoked, suspended, or overtaken by a valid court order.
The ruling also pointed out that the question of who legitimately holds the speakership is currently before the Employment and Labour Relations Court, and emphasized the need for judicial restraint to avoid parallel determinations on the same issue.
Other proposed interested parties, mainly elected members of the county assembly, were admitted by consent, with the court satisfied that they could adequately represent any institutional or public interest arising from the relocation.
The decision narrows the scope of the petition and reinforces the legal weight of gazettement in public office disputes, underscoring that political authority must be proven through law rather than assertion. Each party was ordered to bear its own costs.
