Nairobi County Attorney Lydia Kwamboka has said that she is being hounded out of office for refusal to okay payment of shs 150 million to a certain law firm.
On Tuesday, the Justice and Legal affairs committee chaired by Kahawa Ward Rep, Joseph Komu, in it’s report recommended termination of services of Ms Kwamboka as County Attorney in accordance with section 13 of the office of County Attorney Act 2020.
The committee said she’s practicing nepotism by assigning top offices of the directorate to members of her “tribe and disregarding the two thirds gender rule”. She argued that the power to employ vests with the County Public Service Board and not her office. She said, all persons from her community were employed way before she was appointed by Governor Mike Sonko.
On Thursday, Kwamboka petitioned the County Assembly over the move. In an affidavit, she said she was validly appointed to the office by Governor Mike Sonko on 3rd May 2018. She said the Reps role is limited to vetting and approval and they are not the appointing authority.
She added that on 16th June 2021, the Deputy Governor and acting Governor Anne Kananu issued a directive that all sector payments must be approved by the respective sector Heads, who will thereafter present the same to the Deputy Governor for her attention and final approval.
“That as per the directive, any payments made must be approved by all sector heads and the final approval must be by the Deputy Governor and Acting Governor “she said.
She added that her strict compliance with the above directive has upset certain MCAs.
She urged that as an advocate, she’s trained to obey laws and comply with directives.
She added that she was duly appointed by Governor Mike Sonko as per section 4 of the Nairobi City County Office of the County Attorney Act 2016.
“The removal of a county Attorney as per Section 13 of the office of the County Attorney act 2020 is a power that only the Governor has, subject to the approval of the County Assembly.
The County Assembly cannot initiate the removal of the County Attorney from office,” she said in her affidavit.
She said the allegations levelled against her are baseless and without proof and were simply meant to intimidate and remove her from office.
Kwamboka added that the Justice and Legal affairs committee has no power to examine the status of her employment.
The Lawyer said the petition issued was the one by Samuel Mogaka however the petition that was discussed at the Assembly was one by John Mark Ojiambo- which she has never been served.
Her demand to cross examine the petition was ignored. she was asked to submit a written submissions as her response.
She added that on 23rd June 2021, she received a call from one of her colleagues who informed her that she had been sent to deliver a threat from the Chair of the Justice and Legal Committee that if she did not approve a sum of kshs 150,000,000 being payment to a certain law firm immediately, she had two days to survive.
She said she will continue to diligently discharge her mandate despite the threats and intimidation.