Nine Mombasa MCAs are set to lose their seats after failing to commit to the mandatory Leadership and Integrity Act. They also failed to take an oath as required by law.
They are deputy speaker Rashid Mswabah, Duncan Onyango (Mikindani), Enoch Mwadziwe (Mwakirunge), Khamisi Mwabashiri (Mjambere), Paul Onje (Junda) and Mofard Amur (Old Town). Others are chief whip Omar Meti and nominated members Beatrice Kai and Serrah Nyamvula.
Anti-corruption CEO Halakhe Waqo, in a letter to the assembly on August 4, said it was supposed to publish the Leadership and Integrity Code in the Kenya Gazette within 90 days of approval. All state officers in the assembly were then to sign and commit to the code within 14 days of publication. The house was to submit the forms to the commission within seven days of signing.
The code was published on June 3 in the Kenya gazette but the assembly failed to submit the copies of commitment, citing unavoidable circumstances. The Ethics and Anti-Corruption Commission gave the house another 14 days from the date of the letter to submit copies of the commitment. The deadline elapsed on Tuesday, with the nine falling short.
“Take notice failure to comply with these requirements will leave [the] commission with no option but to institute the relevant legal proceedings without further reference to you,” Waqo said in the letter. On Tuesday, the EACC Ethics and Leadership Development Department acting deputy director Eric Ngumbi said the nine risk losing their seats.
“The legal process has been activated. The EACC will file petition in the High Court for their removal from office under Article 194 (1) (c) of the constitution,” he said. The article provides that an MCA can be removed from office under a law passed by the assembly.
Letters to summon them are being dispatched.
“Expect arrest to those who will fail to honor summons,” Ngumbi said.
Already investigations have been launched over the conduct of the nine.
EACC Deputy Director in charge, Lower Coast Regional office Simon Chepka has been furnished with the list of the nine.
Commissioner Rose Mghoi said all members who accept to hold public office whether through elections or appointments must operate within integrity laws.
A contentious clause in The County of Mombasa Leadership and Integrity Act states that no member shall sexually harass or have inappropriate sexual relations with other state officers, staff of the assembly or any other person. Embu and Isiolo counties are the only counties yet to establish the code.