Besieged former Nairobi City County Assembly Clerk Jacob Ngwele cannot suspend Speaker Beatrice Elachi.
He can only “imagine”
The Deputy Clerk Pauline Akuku has issued an advisory to Elachi to ignore media reports suggesting that a Notice of Motion for her removal from office was issued by Ngwele.
“Accordingly, you should treat such information as rumors, gossips and media hype and continue executing your functions unhindered,” Akuku advised Elachi.
On 28th July 2020, Ngwele circulated a letter both in the mainstream and social media insinuating that a Notice of Motion for Elachis removal from office was issued.
“While the said letter imply that the Notice of Motion was issued by Hon. Waithera Chege MCA, the attached Notice of Motion dated 28th July 2020 is purportedly signed by Hon. Silvia Moseiya, MCA,” Akuku added.
Akuku said the Assembly was ordered by the Employment court to regularize the employment of the Clerk since Ngwele had never been vetted and formerly appointed as the Clerk.
She said the County Assembly at its sitting held on 23rd July 2020, approved the appointment of Edward Gichana as the Clerk of the County Assembly in accordance with Section 13 of the County Governments Act, 2012.
Consequently, on 24th July 2020, the Service Board appointed Edward Gichana as the Clerk of the Assembly with effect from 23rd July 2020 and his name was published in the Special Gazette Vol. CXXII-No.143 of 24th July 2020.
Gichana assumed office on 23rd July 2020.
An order was issued on Tuesday 28th July 2020 by the Employment and Labor Relations Court in Petition No. 194 of 2019, suspending the appointment of Edward Gichana as the Clerk of the County Assembly.
“In the same petition 194 of 2019, on 20th July, 2020, an order had been given staying any orders that had been issued in the petition and decreeing a status quo, meaning that the decision by the Nairobi City County Assembly Service Board to suspend Jacob Ngwele on 30th October 2019 and the subsequent revocation of his employment by the County Assembly remained in force,” Akuku said.
She added that section 21 of the County Assembly Service Act, 2017 provides that: –
“If the office of the Clerk is vacant, or if for any reason the Clerk is unable to exercise the functions of his or her office, the Deputy Clerk or, in the absence of the Deputy Clerk, any other officer in the Service appointed by the Board may exercise all the functions, duties and powers of the Clerk’’
“It follows therefore that, with the suspension of Edward Gichana, I assumed to exercise the functions of the office of the Clerk since the Deputy Clerk (Legislative Affairs) is on interdiction,” Akuku said.
Akuku added that her office has never received any Notice of Motion for Elachis removal from office.
Consequently, no such Notice of Motion has been issued on the floor of the Assembly to warrant Elachi to respond to it.
“It is also outrageous that it has been insinuated in the media that you have been suspended to perform the functions of your office. The letter circulating in the media has been written on letterheads that were phase-out/discontinued by the County Assembly following increased incidents of falsification of Assembly documents thus it borders on forgery,” Akuku advised Elachi to be firm and not to be shaken.
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