High Rise Ward MCA Kennedy Oyugi elected Chairman of Water and Sanitation committee.
Some MCAs claim the disbandment targeted PAC chairman Chege Mwaura.
Others were Water committee chairman Redson Otieno and Robert Alai of Kileleshwa Ward.
By Adieri Mulaa
A constitutional court has stopped Nairobi City County Assembly and Speaker Ken Ng’ondi from reconstituting two committees he disbanded on April 17.
High Court Judge, Chacha Mwita granted conservatory orders on Thursday, 25 April, 2024 following a petition filed by Utawala Ward MCA Patrick Karani.
The orders restrain the Speaker and the County Assembly, both named as the first and second respondent in the suit, from implementing a decision that Mr Ng’ondi made while presiding over a plenary session.
In his ruling, Justice Mwita said: “a conservatory order is hereby issued restraining the respondents from implementing the Speaker’s decision contained a communication from the Chair No.19 of 2024, dated 17th April, 2024 directing reconstitution of the Select Committee on Public Accounts and Sectoral Committee on Water and Sanitation of the Assembly until 26th June, 2024 or further orders of the Court.
On Wednesday, April 17, 2024 Speaker Ng’ondi directed immediate disbandment and reconstitution of the Assembly’s Select Committee on Public Accounts (PAC) and the Sectoral Committee on Water and Sanitation.
In the petition, Mr Karani, a second term Member of County Assembly (MCA) has also named 21 Members of the disbanded Public Accounts Committee as interested parties in the constitutional suit.
He is challenging the Speaker’s decision directing the two House Committees to be disbanded and reconstituted.
Through a communication from the Chair, the Speaker disbanded the two House committees, saying the move was intended to ensure effectiveness and efficiency in performance of the County Assembly and its committees, pursuant to provisions of Standing Order 1 and notwithstanding the provisions of Standing Order 203 and 209 respectively.
His decision prompted disruption of the plenary session on Tuesday 23 April, 2024 by enraged Ngei Ward MCA Redson Otieno aka Reki, leading to chaos by several other MCAs, culminating in early adjournment of the sitting. Mr Otieno chaired the disbanded Water Committee.
The House Public Accounts Committee draws powers from Article 229(8) of the Constitution. Thus, Mr Karani has named Members of the disbanded Public Accounts Committee in the petition as interested parties.
On Wednesday April 24th, 2024 the Assembly reconstituted the Sectoral Committee on Water and Sanitation. Subsequently, High Rise Ward MCA Kennedy Oyugi was on Thursday, April 25th, 2024 elected the Committee Chairman.
In court however, Justice Mwita directed the Speaker, the County Assembly and interested parties to file their responses to the petition together with written submissions not exceeding 10 pages, within seven days and serve the petitioner.
Upon being served, the petitioner was allowed to file a supplementary affidavit, if need be, together with his written submissions not exceeding 10 pages within seven days.
Parties in the petition will appear before the Court on 26th June, 2024 to highlight their submissions and for further directions of the court.
Ngei Ward MCA Redson Otieno addressing the Press at the Nairobi City County Assembly precincts on Tuesday, 23 April, 2024
On Wednesday April 17, 2024 Speaker Ng’ondi made scathing attacks on some Members of the County Assembly he claimed were allegedly scheming see him out of office.
But some Members of the disbanded committees have also accused the Speaker of acting politically after he appeared before the Senate Public Accounts Committee.
They claim the disbandment of the Water committee aimed at dislodging the chairman, Mr Otieno over his differences with Budget committee chairman Wilfred Odalo.
Further claims indicated the PAC was disbanded to kick out the Committee chairman Chege Mwaura and Kileleshwa Ward MCA Robert Alai, reportedly over their involvements with the Senate Public Accounts Committee.
