The Ngei Ward Member of County Assembly (MCA) Redson Otieno and his Kileleshwa counterpart Robert Alai have received temporary reprieve after the High Court issued temporary orders barring the implementation of the reconstitution of the select Committee on Public Accounts (PAC) and Sectoral Committee on Water and Sanitation until the case is heard and determined.
In his directive Justice Chacha Mwita gave the petitioner, Utawala MCA Patrick Karani who was a member of PAC seven days to file supplementary affidavit and submission of his case.
Mwita also gave the respondents seven days to file their responses.
The judge issued the orders following a petition by Utawala MCA Patrick Karani seeking orders to bar the reconstitution of the public accounts committee (PAC) and Water and Sanitation Committee where Kileleshwa and Ngei ward MCA’s Robert Alai and Redson Otieno were removed.
“A conservatory Order is hereby issued restraining the Respondent’s from implementing the 1st Respondent’s decision contained in the communication from the chair No 19 of 2024 dated 17th April 2024 directing the reconstitution of the select Committee on Public Accounts and Sectoral Committee on Water and Sanitation of the 2nd Respondent until 26th June 2024 or further orders of the court.” Mwita directed.
The court issued a penal notice warning that any person served with or notified by the order to comply with the terms citing that failure to do so would result to contempt of court.
He challenged the move saying it was politically motivated contesting on the grounds that the committees had not finished the set three years before reshuffle.
The case had been filed as urgent.
The Nairobi City County Assembly Speaker Kennedy Ngondi and the Assembly have been named as the first and second correspondents as Patrick Karani was named the petitioner with twenty one other interested parties.
In the petition, Karani termed the April 17, 2024 communication by Ngondi on reconstitution of the committees as illeagal, unprocedural and premature adding that it contravened standing orders 168 (2), 169(1) 171 and 172.
He wants the court to intervene and sought the illegality and abuse of power by the speaker.
“It is therefore imperative that this court intervenes by granting the reliefs sought to avert further acts of illegality and abuse of power by the respondents.” He told the court.
Mid this month, Ngondi disbanded the Public Accounts Committee and Water Committee saying it was for the effectiveness and efficiency of the assembly.
However Alai and Redson dismissed the statement by the speaker saying that PAC had expressed disappointment while appearing before the Senate PAC committee where the clerk of the Assembly had submitted documents for the audit queries of 2020/21 audit report but had not done the same before the Assembly committee which seemed not to sit well with the speaker while for water committee, it was a personal issue between Odallo and Redson hence misuse of power by the speaker.