A petition challenging the appointment of Edward Oringe Waswa as the Bungoma County Attorney has been withdrawn, paving the way for him to officially assume office.
The case, filed by petitioners Tome Francis and Peter Nabiriki at the Employment and Labour Relations Court in Kakamega, was dropped after the duo cited contradictions within the County Attorney Act that complicated their challenge.
While addressing the court,Tome noted inconsistencies between Section 4(1) and Section 5 of the Act. Section 4(1) classifies the County Attorney’s office as a public office, implying the appointment should involve the County Public Service Board. However, Section 5 provides that the County Attorney shall be appointed by the Governor with the approval of the County Assembly.
Tome said that in this case Governor Kenneth Lusaka cannot be faulted for the appointment of Mr. Waswa under the circumstances, given the legal ambiguity.
Tome said he will petition Parliament to step in and harmonize the conflicting provisions through proper interpretation and amendment of the Act.
The petitioners withdrew the case voluntarily, and Justice Nderitu ordered that there would be no costs awarded to either party. He also declared the file closed.
With the legal hurdle now cleared, Edward Oringe Waswa officially takes office as Bungoma County Attorney.
