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Court kicks out Edward Gichana as Nairobi Assembly Clerk

A Nairobi court has nullified the recent appointment of Edward Gichana as the new Nairobi County Assembly Clerk.

This came even as Clerk Jacob Ngwele was asked to step aside pending the hearing of a case he filed challenging his position with the deputy clerk to take over functions of the Clerk until the petition is determined.

Mr Gichana was appointed last month as the Clerk by the Assembly’s board but the appointment was temporarily suspended pending the determination of an application filed in court by Mr Ngwele.

On Wednesday, the Employment and Labour Relations Court ruled that the recent appointment of Mr Gichana was null and void as it violated a court order that reinstated Mr Ngwele as the Assembly’s Clerk.

Lady Justice Maureen Onyango upheld a December 20, 2019 order by Justice J Makau directing parties in a case filed by Mr Ngwele to comply with an order issued on October 30, 2019.

The consent order reinstated Mr Ngwele (the petitioner) as the Clerk pending the hearing and determination of a petition he filed after being kicked out.

“There are no orders setting aside the said ruling. These orders are therefore confirmed and parties directed to comply. The foregoing settles the application dated July 30, 2020, by the Nairobi County Assembly and Edward Gichana to be enjoined as interested parties to this petition. This is because Gichana’s appointment was in violation of the court orders of October 30, 2019, and therefore null and void,” said Judge Onyango.

“In the meantime, Jacob Ngwele to step aside until determination of the petition. The deputy clerk currently in office will take over the functions of the Clerk until the petition is determined,” she added.

In the petition, Nairobi County Assembly Clerk is the petitioner; the Speaker is the first respondent while the service board is listed as the second respondent.

The judge explained that the only issue remaining for determination is the preservation of the position of the clerk.

The petitioner has been given until August 17, 2020, to file his submissions while the respondents were given until August 31, 2020.

The submissions will be highlighted on September 21, 2020, before judgment is delivered on October 16, 2020.