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Nairobi County Impeachment will not count: Court

13 May 2014, 15:30 Victor Tinto

Nairobi - Nairobi County Transport MCA Evans Ondieki survived the battle against his impeachment when a judge ordered the stop of his dismissal no matter what resolution the Assembly votes for.

Although the decision is temporary, High Court judge Isaac Lenaola ordered that Nairobi County Governor Evans Kidero should not dismiss him not withstanding any resolution passed by members of the Assembly when they sit to vote on his impeachment today.

“Hearing of this petition will be on heard May 16, in the meantime, notwithstanding any resolution the Assembly makes, the governor of Nairobi County is restrained from dismissing Mr Ondieki pending the hearing of this case,” said Justice Lenaola.

Activist Okiya Omtata and Wycliffe Nyakina Gisebe have sued the Nairobi County Assembly Speaker for passing and approving a censure motion by Ngara Ward MCA Chege Mwaura on April 23 and are seeking the possible impeachment of Mr Ondieki to be stopped.

They also 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.

The County Assembly and its interim Clerk have also been sued.

Mr Ondieki faces impeachment following a decision to introduce purchase of city buses that would charge sh 35 only to all routes.

Despite a motion on his impeachment having sailed through in the Assembly sitting, Mr Omtata and Mr Gisebe argue that the process of his removal is irregular hence must be stopped.

According to the two, the Interim Clerk had instructed the County Secretary to invite Mr Ondieki to a County Sectoral Committee meeting on transport and Public works on April 15 to discuss on various issues including a report on paid and unpaid for projects for the financial year 2013/2014 and how the funds had been utilized in street lighting, maintenance and rehabilitation of roads.

Allegedly Mr Ondieki was not invited to the said meeting in which also the issue of why funds allocated for projects had been used to settle debts yet the Governor’s office had allocated Sh 4.5 for the same was to be discussed.

And on April 17, the Speaker of Nairobi City County approved an undated request of statements by nominated MCA Stephen Kambi from the County Sectoral committee on transport and Public works on allegations made by Mr Ondieki concerning the said buses.

On April 22, the leader of majority wrote to him notifying the former lawyer of his failures to attend meetings and hence an intend to have the speaker invoke powers and privileges to compel his attendance.

“The motion to censure and ultimately impeach the Executive Committee member for roads and public works is based on frivolous charge, there is no framing of the charges stating the alleged misconduct or gross violation,” said  Mr Omtata and Gisebe in court documents.

The motion to have him impeached was approved on April 23 and sailed through on April 29.

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