By Team
Homa Bay Deputy Governor Joseph Oyugi Magwanga has moved to the Homa Bay Labour Court to sue Governor Gladys Wanga over denial of access to his office and the withdrawal of his official vehicles.
In his petition, Magwanga said he was duly elected and serving as the Deputy Governor of Homa Bay County, elected under Article 179 of the Constitution of Kenya, 2010.
Magwanga sued the County Government of Homa Bay as the first respondent, established under Article 176 of the Constitution and Section 6 of the County Governments Act.
Gladys Wanga is the second respondent and the Governor of Homa Bay County, the Chief Executive Officer of the County Government, sued in her official capacity.
He said the petition was brought pursuant to Articles 22, 23 and 258 of the Constitution for enforcement of fundamental rights and freedoms and to protect the Constitution from violation.
He argued that the court has jurisdiction under Articles 22, 23 and 165 of the Constitution to hear and determine questions relating to the violation of fundamental rights and interpretation of the Constitution.
In his sworn affidavit, he wrote: “Sometime in December 2025, without notice, justification or due process, the Petitioner was locked out of his official office at the County Headquarters.”
“The Petitioner was forced to proceed on leave, not voluntarily, but as a result of the physical denial of access to his office and the hostile administrative environment orchestrated by the Respondents.”
“Upon expiry of the said leave and return to duty in January 2026, the Petitioner found that:
a. The office door locks had been changed;
He remained denied access to his office;
He could not resume or perform any official functions;
He had no access to staff, documentation or official facilities.”
He avers that Wanga has deliberately blackballed him, refused to engage him, and rendered his office inoperable.
Magwanga said he is entitled to two official motor vehicles as Deputy Governor.
These vehicles were withdrawn without correspondence or lawful justification.
The only vehicle occasionally availed was perpetually grounded for servicing and has since been withdrawn entirely.
The County Government has failed and refused to fuel any vehicle for the Petitioner, effectively immobilising him and frustrating the discharge of his constitutional duties.
No impeachment proceedings under Article 181 of the Constitution or Section 33 of the County Governments Act have been commenced against him.
“The cumulative effect of the Respondents’ actions amounts to constructive removal from office, which is unconstitutional, illegal, and null and void.”
He said her action was a violation of Article 179 — the office of Deputy Governor is a constitutional office whose existence cannot be undermined through administrative actions.
Violation of Article 47 — the actions complained of were arbitrary, unreasonable, procedurally unfair, and taken without notice or hearing.
Violation of Article 28 — the deliberate humiliation, isolation, and exclusion of the Petitioner violates his right to dignity.
Violation of Article 41 — the Petitioner has been denied fair labour practices by being locked out of work without lawful cause.
Violation of Articles 73 and 232 — the Respondents failed to uphold principles of leadership, integrity, accountability, and good governance.
Violation of Article 10 — the Respondents disregarded national values including the rule of law, transparency, and accountability, “he said.
- Magwanga said he is entitled to two official motor vehicles as Deputy Governor.
These vehicles were withdrawn without correspondence or lawful justification.
The only vehicle occasionally availed was perpetually grounded for servicing and has since been withdrawn entirely.
The County Government has failed and refused to fuel any vehicle for the Petitioner, effectively immobilising him and frustrating the discharge of his constitutional duties.
No impeachment proceedings under Article 181 of the Constitution or Section 33 of the County Governments Act have been commenced against him.
“The cumulative effect of the Respondents’ actions amounts to constructive removal from office, which is unconstitutional, illegal, and null and void.”
He said her action was a violation of Article 179 — the office of Deputy Governor is a constitutional office whose existence cannot be undermined through administrative actions.
Violation of Article 47 — the actions complained of were arbitrary, unreasonable, procedurally unfair, and taken without notice or hearing.
Violation of Article 28 — the deliberate humiliation, isolation, and exclusion of the Petitioner violates his right to dignity.
Violation of Article 41 — the Petitioner has been denied fair labour practices by being locked out of work without lawful cause.
Violation of Articles 73 and 232 — the Respondents failed to uphold principles of leadership, integrity, accountability, and good governance.
Violation of Article 10 — the Respondents disregarded national values including the rule of law, transparency, and accountability, he said.
