Impeached Nairobi County official to get fair hearing
02 May 2014, 18:13
Nairobi - Nairobi County Transport Executive Evans Ondieki will get a fair chance to
be heard by a committee of five Members of the County Assembly whilst a case
that seeks to stop his impeachment is set for hearing on Tuesday.
High Court judge Isaac Lenaola certified the case as urgent
and rescheduled its hearing from May 16 to May 6 and ordered that other parties
in the suit be notified before Tuesday when he will give further directions.
Acivists Okiya Omtata and Wycliffe Gisebe who filed the case
appeared before him yesterday morning for interparties hearing but since the
matter had been listed as a mention the hearing could not proceed.
As an urgent matter, in the afternoon Mr Omtata and Mr
Gisebe obtained an order directing the change of hearing date following their
complaints that the case if heard on May 16 would have been overtaken by
“This matter is certified urgent, the order on change of
dates be provided to all parties and is fixed for further directions on May 6,”
said the judge.
Mr Joash Omwenga, Ms Jackline Nyangala and Mr Maurica Akuk
from ODM and Mr Stephen Kambi and Mr Anthony Karanja from TNA were approved to
form the select committee to investigate Mr Evans Ondieki.
According to the county assembly standing orders once a
censure motion has been passed by at least one-third of all members of the
County Assembly, a special committee is appointed.
The special committee will then be required to report to the
Assembly whether it finds the allegations against the Member of county
executive to be substantiated in ten days where the CEC has a chance to defend
himself during their inquiry to stop his dismissal.
However Ngei ward representative, Mr Daniel Mutiso opposed
the composition of committee stating that it might not mete out justice to the
He added that some members in the list had long standing
differences with the transport executive over his failure to deliver on a
promise of five roads to each of the 85 wards and would not be fair to him.
“Some members should not have been in the list because they
have had problems with the CEC over the five roads that did not materialize,” Mr
However leader of the majority Mr Elias Otieno dismissed the
doubts over the committee adding that the names were selected because the MCAs
were objective. He also added that the committee had achieved the one third
gender rule as required by law.
Kayole county assembly member Ms Eizabeth Manyala had raised
concerns over the sidelining of women in assembly committees.
Mr Okiya Omtata and Wycliffe Gisebe have sued the Nairobi
County Assembly Speaker, the County Assembly and its interim Clerk for passing
and approving a censure motion by Ngara Ward MCA Chege Mwaura on April 23 and
violating due process.
They want Court to call for the records relating to the
impeachment proceedings as well as the Ethics and Anti-Corruption Commission
named in the suit ordered to conduct investigations into allegations that
members of the Nairobi County Assembly were bribed in order to block the
purchase of city buses.
They argue that matters complained of by MCAs on corruption
accusations should be reported to the EACC or the Criminal Investigation
department and that the required day notice calling for dismissal of Mr Ondieki
According to Mr Omtata and Mr Gisebe, the court should be
the one to decide whether there was procedural fairness followed and
substantial grounds for the removal of Mr Ondieki.
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