State of Paralysis at the Machakos County Assembly Deepens as parties dig in

By Martin Masai

Paralysis in the Machakos County Assembly is set to continue for at least another month after the High Court  today extended orders barring the impeachment of Speaker Ann Kiusya.

Justice Rhoda Ruto, presiding over the matter, reaffirmed and extended an interim injunction issued on April 1, 2025, effectively shielding Kiusya from removal until May 21, when the case will be heard in full.

The latest orders came as the court commenced contempt proceedings against a section of Members of the County Assembly (MCAs) accused of defying the earlier injunction. The MCAs are alleged to have engaged in a fistfight within the chambers, prompting the indefinite suspension of assembly sittings.

In her initial petition, Speaker Kiusya had sought judicial protection after a group of 33 MCAs— acting with the backing of Governor Wavinya Ndeti—initiated an impeachment motion against her.

22 MCAs, the majority of them belonging to the Maendeleo Chap Chap Party, are firmly standing with the speaker and are credited with denying Wavinya the numbers she badly needs to stamp her authority in the assembly. Five of Kiusya’s backers are from the Wiper party.

However, the motion lacked the constitutional threshold of 75 percent of Members, equivalent to 45 MCAs, required to remove a speaker.
Kiusya charged in court papers that Deputy Speaker Stephen Mwanthi, who signed the impeachment motion, was too conflicted to provide a fair hearing to her.

It is feared the deputy speaker was poised to unlawfully declare her ousted regardless of the constitutional requirements.

The court’s order to maintain the status quo was intended to preserve order and ensure due process within the assembly.
The court has issued a penal notice warning that any MCA who defies the extended order risks contempt of court proceedings.
In a dramatic turn, activist Manthi Musyoka has filed a contempt petition seeking the jailing of several key figures in the Assembly, including Majority Leader Nicholas Nzioka, Deputy Speaker Mwanthi, Minority Leader Judas Ndawa, and the Assembly Clerk, for their alleged role in violating the court’s directive.

The contempt proceedings will be heard on May 21, meaning the main suit may delay until after the court dispenses with the contempt suit.

Today, Kiusya also introduced contempt proceedings against the Majority Leader, her deputy and the County Assembly for attempting to oust her, notwithstanding the injunction.

The court also accepted an application by LSK and a local citizen to be enjoined as interested parties.
With the Assembly’s sittings suspended and the leadership locked in legal and political warfare, the business of Machakos County and the assembly will remain stalled- meaning that Kiusya maintains a foothold over Wavinya in the unfolding battle of wills.

The ongoing standoff has paralyzed legislative activity, leaving critical county matters in abeyance.
It means that Governor Ndeti’s camp, already on the back foot for failing to rally the required numbers for Kiusya’s ouster, suffered another blow with today’s ruling, which delays any further impeachment attempt.

As the power struggle intensifies, the Assembly finds itself adrift, its future uncertain until the court’s next hearing scheduled for May 21, 2025.

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