An Analysis By Martin Masai

Battle lines are now clearly drawn in Governor Wavinya Ndeti’s quest to overrun the legislative authority of Machakos County.

The confrontation escalated on Wednesday after her administration formally entered appearance in two  petitions, setting in motion an intense legal contest aimed at unseating Speaker Anne Kiusya and consolidating executive control over the County Assembly.

The first case, Machakos HCCHRPET/E010/2025, pits Speaker Anne Kiusya against the County Assembly of Machakos, her deputy Stephen Mwanthi, the Clerk of the Assembly, and Majority Leader Nicholas Nzioka.

Also enjoined in the matter are three interested parties: John Musembi Maingi ,Richard Mulwa, and the Law Society of Kenya

Representing Speaker Kiusya is advocate Samuel Kioko. The County Assembly and its Clerk are represented by Jackson Akenga, while Dr. Owiso appears for Mwanthi and Nzioka. Advocate James Kathili is on record for the first interested party, John Musembi Maingi. The second interested party, Richard Mulwa, is acting in person.

A second case, Machakos HCCHRPET/E012/2025, has been filed by  Human Rights Activist Wilfred Manthi Musyoka. The respondents are the Clerk of the County Assembly, the County Assembly itself, the Governor of Machakos County, and the County Government. The Speaker of the County Assembly is named as the first interested party, while Eric Mukoma Maúndú is listed as the second.

In this matter, the petitioner is represented by Lawyer Brian Munyao. Jackson Akenga again appears for the Clerk and the County Assembly. The Governor and the County Government are represented by Nairobi lawyer Willis Otieno.

The Speaker is reportedly represented by an advocate identified only as Miss Kemboi.Kathili returns as counsel for the second interested party, Eric Mukoma Maúndú.
The cases will be heard in open court on May 21, 2025.
The contempt proceedings now take precedence over the main suit filed by Speaker Kiusya, signalling that the legal battle is intensifying on defiance issues rather than the substantive matter.

The unfolding showdown is widely seen as a result of escalating defiance and overreach by Governor Wavinya Ndeti and her supporters within the Assembly.

The political turmoil has already taken a toll on governance. The Machakos County Assembly has remained adjourned indefinitely since March 8, following a chaotic incident during which a fist fight disrupted a House Business Committee meeting.

The violent disruption left the Wiper-dominated Assembly without a session plan, effectively grinding legislative operations to a halt. Kiusya suspended Assembly business indefinitely until safety for MCAs and herself is guaranteed.

The paralysis comes at a time when critical business awaits deliberation. A supplementary budget remains pending, while preparations for the main 2025/26 budget are stalled.

Additionally, the Assembly has yet to address the legal status of the Machakos Youth Service, an executive initiative that continues to operate without proper legislative validation.

As court proceedings take centre stage, the people of Machakos County find themselves caught in a political and legal crossfire with far-reaching consequences for governance, accountability, and service delivery.

The most disturbing thing is that the Wiper party is still dithering on the way forward with observers saying the party is deeply conflicted.

” It ceased being a political party. It is an eating party. What matters to them is who eats what, from who and when. That is why the party is unable to resolve the matter. The more the fights, the fatter the wallets for party mandarins, “said Alvin Kesi, a political analyst.

The Anchor is tracking meetings said to have taken place that have resulted in no tangible outcome.

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