Court blocks Kidero from sacking city’s transport chief
Nairobi governor Evans Kidero has been restrained from dismissing the county executive in charge of transport Mr Evans Ondieki regardless of any resolution that the county assembly may make.
Mr Justice Isaac Lenaola issued the order during the mention of the case filed by two activists seeking to stop impeachment proceedings against Mr Ondieki.
The order by Justice Lenaola remains in force pending the hearing and determination of the petition by activists Mr Okiya Omtata and Mr Wycliff Gisebe.
The two have sued the Speaker of the county assembly, interim clerk, county assembly and the Ethics and Anti-Corruption Commission.
They also want a declaration that the intended dismissal of Mr Ondieki who is an interested party in the suit is null and void.
The petitioners are also seeking for an order to have EACC investigate allegation of bribery and make a report to court.
Through an affidavit he filed, Mr Ondieki has urged the court to declare a motion seeking to impeach him as null and void.
Mr Ondieki said no evidence has been annexed to show he has committed high crimes, misdemeanors or bribery.
He said the county assembly in passing the motion was not acting in pursuance to its constitutional power therefore the court has the mandate to intervene and uphold the rule of law.
“The harassment by the county assembly is a great threat to devolution and impedes intelligent participation in policy formation and articulation which is the very foundation of democratic government,” said Mr Ondieki.
The transport executive said that since his appointment six months ago, he has executed his duties with commitment.
According to the petitioners, the motion to censure and impeach Mr Ondieki is based on frivolous charges.
“The charges as framed in the motion do not show or disclose any gross violation of the Constitution and the law, and do not meet the threshold required to remove a CEC member from office,” read part of the petition.
The petitioners claim that the impeachment process against Mr Ondieki has been politicized and that if the court does not intervene to uphold the rule of law, the MCA’s will “throw the executive member under the bus of impunity”.
According to the petitioners, matters complained of by the MCAs that the CEC Member is alleged to have accused some of them of corruption should be reported to other constitutional bodies such EACC.
The Petitioners argue that the effect of non-compliance with the procedures laid out in the Constitution, the County Government Act, and the Standing Orders renders the impeachment process a nullity.
The case will be heard on Friday.