Law Society of Kenya protest Nairobi County clerk appointment
The Law Society of Kenya (LSK) has protested the move by the Nairobi County Assembly to allow Edward Obwori Gichana to continue serving as Clerk.
LSK maintains, in a letter seen by Nairobi News, that Gichana is illegally in office owing to a court ruling that declared his position vacant.
“From our understanding, the net effect of the Court of Appeal judgment was that the Office of the Nairobi County Assembly Clerk is vacant and fresh recruitment should be commenced by advertising for the position,” read the letter in part.
The court also found out that Gichana’s approval as Nairobi County Clerk was carried out in total disregard of the law.
LSK faulted the Nairobi City County Assembly Service Board for appointing Gichana despite multiple orders issued by the Employment and Labour Relations Court against the County Clerk in a constitutional petition number 194 of 2019.
The letter addressed to the chairman of the Nairobi City County Assembly Service Board by the LSK Secretary/CEO Florence Muturi said the court had ruled that there was a vacancy in the office of the Nairobi County Clerk and needed to be filled.
The court ruled in 2019 that Gichana was unfit to hold public office as he had contravened the principles of good governance, integrity, transparency, and accountability in violation of article 10 of the constitution which public officers are bound to abide by.
On August 5th, 2020, the Employment and Labour Relations Court further nullified the appointment of Gichana as the Nairobi County Assembly Clerk.