Court bars Nairobi County Assembly from impeaching roads Executive

By Kurian Musa

NAIROBI, KENYA: Nairobi County Assembly has been barred by High Court to stop the process of impeaching the County Executive of roads Evans Ondieki.

Justice Isaack Lenaola has further restrained Nairobi Governor Evans Kidero from sacking the county executive pursuant to any recommendation by the assembly.

The County Assembly is set to impeach Ondieki, a top city lawyer over allegations of misappropriation of funds. Ondieki had sensationally alleged that the MCAs had been bribed to shoot down the city bus project that will see reduced bus fare to various destinations in city estates.

The MCAs had passed a resolution to impeach him.

“Even if they went ahead and impeached the county executive, the process would be null and void,” said Judge Lenaola.

At a city hotel on Friday afternoon, things turned hot between Ondieki and probe committee, prompting the chairman Maurice Akuk to briefly adjourn the hearing.

“I have done everything in my power to make this department successful. Those saying Ondieki is sleeping on job are not justified,” an emotional Ondieki told the five-member committee.

DEFENCE RECORDS

Committee members present included Akuk (Nyayo Highrise), Jacquiline Nyangala (nominated), Joash Omwenga (Utawala), Anthony Kiragu (Waithaka) and Stephen Kambi (Dandora Area II).

Ondieki together with his six defence lawyers submitted 44 documents to counter the accusations levelled against him, but the petitioner, Chege Mwaura (Ngara Ward) tasked him to elucidate the contents of each of the 24 documents.

Mwaura, who had been grilled by Ondieki’s defence team on Thursday, objected to the new evidence (exhibit 25 to 44) Ondieki submitted.

The petitioner argued the documents were unprocedurally tabled, prompting a heated argument.

The matter was resolved behind closed doors, before the probe resumed but the investigating team objected to some records from the defence team, saying the matter was still in court.

Petitioner’s witness Maurice Gari (Nairobi West) testified that Ondieki called him a ‘hooligan’ when the latter appeared before the sectoral committee for Roads, Transport and Public Works on April 22.

“The Executive (Ondieki) insulted me when addressing youths, who were demonstrating outside Charter Hall with placards in his support,” said Gari. Ondieki however refuted the claims and denied meeting Gari in the sectoral committee meeting.

MALICIOUS DISMISSAL

But the defence witness, Tabitha Ndigirigi (nominated) came to Ondieki’s defence when she was being cross-examined.

Contrary to what the former executive had claimed, Ndigirigi confirmed that Gari attended the Roads and Transport committee meeting that quizzed Ondieki prior to his dismissal.

Ndigirigi lashed out at his fellow MCAs claiming they maliciously dismissed Ondieki from office.

“They said in the committee meeting that for us to get money, Ondieki must go,” she claimed.

The MCAs had accused Ondieki of lying that he would rehabilitate 425 roads (five in all the 85 wards), but he defended himself saying the promise was made by Governor Evans Kidero’s office.

He also termed the corruption allegations over the planned modern Nairobi bus system as false.