By Habil Onyango
A Kendu Bay court has issued a temporary injunction stopping the election for Homa Bay Beach Management Unit (BMU) in Homa Bay County.
This follows an application which was made by Maurice Odhiambo Aduwo,Ruth Achieng Ben as 1st, 2nd respondents respectively, 14 others and Oloo Gor who is an interested party.
They petitioned the County Government of Homa Bay and Executive Committee Member for Blue Economy,Fisheries,Mining and digital economy and six others.
According to the application dated April 4 2025 before Senior Principal Magistrate Hon. E.A Obina,the petitioners prayed for an order suspending the BMUs election which was scheduled to start from April 7th to April 16 2025 until a fresh, lawful process was conducted.
They requested for a declaration that the election notice, issued only five days before the elections and on public holiday  is null and void.
Through C.Obiero and Advocates, the petitioners further requested for an order compelling the respondents to reinstare the unlawfully de registered petitioners and allow them to participate in the elections.
Further, they appealed to the court for a declaration that the elections held without voter education and Public Participation violates the Constitution and BMUs Regulations Act 2024 and for the respondent to bear the cost of the petition
Illegal removal of the petitioners from the BMU register.
According to a sworn-in affidavit,several petitioners including Aduwo (1st),Achieng’ (2nd), George Otieno(15th) and Julius Odhiambo, Mwiria 17th petitioners respectively were unlawfully were deregistered without justifiable cause.
Further, Mwiria was removed as the treasurer of Sare BMU despite filing an appeal on June 24,2024,which remains unresolved.
Further,Robert Okoth Ouma who is the 7th petitioner from Gingo MBU was allegedly suspended but later reinstated by the County Director of Fisheries, yet his name remains absent from the register.
Awuor, the 2nd petitioner, who is a female candidate and the current Chairperson, was unfairly locked out of election process along with Dorah Ouma who is the 16th petitioner who sought the treasurer position.
They further alleged that the elections were scheduled for 7th April, however, notice for election campaigns was issued five days before the elections instead of the required seven days under section 32(1) of Fisheries Management and Development (BMU) regulations 2024.
They accused the responsible Officers of issuing a notice on a Public holiday, making it difficult for a candidate to prepare and participate effectively, saying there was no voter education or participation which was conducted, violating section 32(1) and (2) of the BMU regulations 2024.
In his ruling, the magistrate ordered that the application be and is hereby certified as urgent.
He ordered that pending the hearing and the determination of the application, there be and issued a temporary order staying the elections for all the BMUs as scheduled by the respondent, their proxies, agents or anybody acting on their behalf until the application is heard and determined and or until further orders or directions by the court.
