PS stops removal of Mayor
23 May 2012, 11:28
A unanimous vote by civic leaders to oust Nyahururu mayor Timothy Nduhiu over alleged misuse of council vehicles on Tuesday received a blow after Local Authorities Permanent Secretary Professor Karega Mutahi stopped his removal.
In a letter filed before a Nyahururu court, Professor Karega said that elections were concluded last August and such meeting convened to discuss with a view of ejecting the mayor from office through an illegal process will not be entertained.
The PS further said that an on-going probe into alleged misappropriation of council funds and abuse of office by Town Clerk Meshack Kimani would go on to completion.
The probe is chaired by Mayor Nduhiu and is soon to table its findings amid alleged interference by the clerk who is accused of trying to scuttle the probe committee's operations.
The mayor moved to court to stop his ejection saying the clerk was behind the move by coercing civic leaders to hold an extra-ordinary meeting to discuss the mayor's conduct.
In the letter convening the meeting by five civic leaders, they accused the mayor of using the council's refuse truck to deliver building stones to a plot where he is building a mansion.
They add that Mayor Nduhiu has also been using his official mayoral four wheel drive for unsanctioned and unofficial business not meant to benefit the people of Nyahururu.
Senior Resident Magistrate Alice Mong'are granted a further extension of the injunction after Mayor Nduhiu and the council clerk agreed to have the matter adjourned to allow both parties to file further affidavits.
The mayor seeks a permanent injunction stopping the civic leaders from removing him from office via unanimous vote saying he was duly elected last August and that his term is due to expire once the next term of parliament ends.
But the town clerk accuses the mayor of suing the wrong person as he was not the one who requested the meeting but the civic leaders as set out in the Local Government Act.
The parties were given two more weeks to file their affidavits.
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