Nairobi County Assembly Clerk Jacob Ngwele has gotten a reprieve after his ouster as clerk was struck out by the court.
Employment and Labour Relations Court judge Justice Onesmus Makau ordered that the decision by Speaker Beatrice Elachi to revoke Mr Ngwele’s appointment and to appoint an acting clerk be suspended pending the hearing of a contempt of court case filed by Mr Ngwele on Friday.
Mr Ngwele had sued Ms Elachi and the Nairobi County Assembly Board for disobeying a court order by suspending and sending him on a one-month compulsory leave, and thereafter appointing Ms Monica Muthami as acting clerk on October 30, 2019.
This was despite interim conservatory orders, dated October 23, 2019, barring Ms Elachi and the board from suspending, terminating and/or otherwise removing Mr Ngwele, and former board members Abdi Guyo and Elias Otieno from their respective offices pending the hearing of the application.
At the same time, the court directed police officers in charge of Parliament Police Station and the security of the Government Building Unit to ensure that Mr Ngwele has unhindered access to his offices. It also directed that the police officers offer protection to the clerk while within the assembly precincts, pending the interparties application hearing.
Mr Ngwele was locked out of his office early this month. His office was allocated to new board members - Nairobi West MCA Mr Maurice Gari and his Maringo Hamza counterpart Mr Ndung’u - and the clerk’s office moved to a different location.
“I have been moved from my office and allocated a tiny office contrary to the court order. My office has been allocated to MCAs Gari and Ndung’u who are respondents in the contempt of court case,” said Mr Ngwele yesterday.
Last week, Mr Ngwele, through his lawyer Muthomi Thiankolu, wrote to the Ethics and Anti-Corruption Commission (EACC) to institute abuse of office charges against Ms Elachi. He accused Ms Elachi of contempt of court, illegal usurpation and other unethical acts by sending him on compulsory leave and appointing Ms Muthami as acting clerk.
The judge, however, struck out an application questioning the nomination of Mr Gari and Mr Ndung’u to the board by their respective parties. He said the matter should be dealt with through the party’s internal dispute resolution mechanisms.
