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Impeached Nairobi County official to get fair hearing

02 May 2014, 18:13 Millicent Kawii

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 events.


“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 CEC.

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 Mutiso said.


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 is illegal.


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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