The Law Society of Kenya (LSK) has protested continued stay in office of Nairobi County Assembly Clerk lawyer Edward Obwori Gichana saying he is in office illegally and his post should be advertised afresh.
Through a letter addressed to the chairperson of the County Assembly Public Service Board, LSK Chief Executive Officer (CEO) Florence Muturi Gichana’s continued stay in office is in total disregard of the law.
“From our understanding the net effect of the Court of Appeal judgment was that the Office of the Nairobi County Assembly was vacant and fresh recruitment should be commenced by advertising for the position,” read the letter in part.
The lawyers’ body said Gichana was found to be unfit for public and should not be allowed to serve the Nairobi County Assembly as the County Clerk.
Additionally, the court found that Gichana’s approval as the 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 court ruled that there was a vacancy in the office of the Nairobi County Clerk and needed to be filled.
The embattled lawyer was found to have 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.
On August 5th, 2020, the Employment and Labour Relations Court further nullified the appointment of Gichana as the Nairobi County Assembly Clerk.
“We are aware that on April 1, 202, immediately after the Court of Appeal delivered its judgement in Civil Appeal number E255 , despite the Honourable Court’s finding that his appointment was null and void , Mr Edward Gichana, with connivance of the Nairobi City County Assembly Service Board, sneaked back to Office of the Clerk and has without any legal rights or authority been exercising the functions, powers and responsibilities as County Clerk,” LSK protested in the letter copied to the Ethics and Anti-Corruption Commission (EACC).
LSK added: “Despite the orders of the court and the legal opinions from the Nairobi City County Assembly Service Board external advocates, Gichana has illegally been in the public office discharging, exercising, performing and/or executing, the functions powers and responsibilities of the Office the Clerk, Nairobi City County Assembly.”
The LSK asked the Nairobi City County Assembly Service Board to update the lawyers’ association on the status of the matter urgently.
