Court Halts Fresh Impeachment Bid Against Machakos Speaker Amid Assembly Chaos

By Martin Masai
Machakos, Kenya – May 12, 2025

The High Court in Machakos has once again stepped in to halt renewed efforts to remove Speaker Anne Mwikali Kiusya from office. Lady Justice Rhoda Rutto issued a second round of conservatory orders that have effectively frozen a second impeachment bid that has deepened the political crisis within the assembly and beyond.
In orders issued under a certificate of urgency, the judge restrained the County Assembly and 35 members allied to Governor Wavinya Ndeti from processing, scheduling, debating, or voting on a motion dated April 8, 2025, which seeks to impeach the Speaker.

The court further barred Deputy Speaker Stephen Mwanthi from presiding over the impeachment proceedings, citing allegations of bias, conflict of interest, and prior involvement in similar proceedings that were previously suspended by the same court.

This marks the second time in less than two months that Speaker Kiusya has turned to the courts to block her removal in a county where disorder is becoming the norm.

The April 8 motion, according to court filings, mirrors an earlier motion dated March 17, 2025. That initial motion had already been suspended by conservatory orders issued in Constitutional Petitions HCCRPET E012 and E010 of 2025 before Lady Justice Rutto.

Speaker Kiusya, through her legal team at SKM Advocates LLP, accused the assembly of defying existing court orders by reintroducing the same impeachment motion and processing it through the Clerk’s office.
In a strongly worded affidavit, the Speaker claimed that the April 8 attempt was not only in blatant contempt of court but also part of a coordinated campaign of political harassment.

She accused Deputy Speaker Mwanthi and over thirty other MCAs of assaulting her during a House Business Committee meeting and later barricading her inside her office using chairs and other furniture, allegedly to prevent her from accessing the Assembly chambers.

Following this incident, the Speaker took the extraordinary step of indefinitely suspending all House business, citing security threats, breakdown in order, and ongoing court proceedings.

This move has paralyzed legislative and oversight functions in Machakos County, affecting budgeting, approval of bills, and committee work.
In its ruling, the court emphasized the need to preserve constitutional order and protect the rights of the Speaker.

It issued a conservatory order restraining the 3rd Respondent—Deputy Speaker Mwanthi—from exercising powers under Standing Order 58(3), which empowers him to preside over impeachment proceedings in the absence of the Speaker.
The court also granted an injunction barring all 37 respondents from interfering with the Speaker’s discharge of her constitutional and statutory duties. Additionally, the court ordered the Officer Commanding Station (OCS) Machakos Police Station to enforce the protection of the Speaker’s rights and office.
Speaker Kiusya’s legal team argued that the motion to impeach her contravenes Standing Order 43(2)(b) of the County Assembly’s Standing Orders, which bars the reintroduction of a special motion in the same session. “The April 8 motion is a replica of the March 17 one. This is an abuse of the Assembly’s processes and the court’s authority,” the petition reads.

The petition also raised concerns about procedural fairness, including failure by the Assembly and proponents of the motion to disclose evidence or provide the Speaker with documents supporting the impeachment claims—a requirement under the Fair Administrative Action Act.
The leadership stalemate has exposed deep political divisions with Governor Wavinya Ndeti and 35 supporting MCAs on the one side and Speaker Kiusya with 20 MCAs on the other.

The team of 35 cannot legally impeach the Speaker, but it is feared that a session chaired by the deputy speaker would anyhow declare Kiusya ousted.

The county’s governing party – the Wiper Democratic Movement led by Kalonzo Musyoka – is too conflicted with the matter that it is unable to resolve the matter- weeks after hearing submissions from the parties.

This alone raises deep fears about governance  in one of Kenya’s key devolved units where corruption is king in virtually all levelsofgovernment.

Wavinya’s relations with Kiusya broke down when the latter insisted on summoning the Finance Minister Onesmus Kuyu to answer accountability issues, including starving the assembly with budgeted funds.

With the Assembly’s business indefinitely suspended and court battles intensifying, service delivery and Wavinya’s development agenda risks grinding to a halt.
The High Court is expected to hear the substantive petition on May 20, 2025, even as Speaker Kiusya remains in office under legal protection.
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