Clerk asks EACC to charge Elachi with abuse of office

The Ethics and Anti-Corruption Commission has been asked to charge Nairobi Speaker Beatrice Elachi of abuse of office.

Clerk Jacob Ngwele, through lawyer Muthomi Thiankolu, Ngwele wants Elachi arraigned for usurpation of office, contempt of court and unethically sending him on compulsory leave and revoking his appointment.

Ngwele says the speaker unlawfully locked him out of the office and illegally appointed Monica Muthami as acting Clerk on October 30.

Both Elachi and Muthami are accused of appointing staff in acting and substantive positions, approving and signing of official correspondence and assigning duties.

The duo is further accused of usurping the functions of a substantive clerk including approval of procurement of goods and services, approval of payments and approval and authorisation of expenditure.

Two weeks ago, an ad hoc committee formed by Elachi to look into the appointment of Ngwele called on the EACC and the DPP to look into the "irregular" appointment of Ngwele.

Thiankolu, in a letter dated November 20, said that constituted to a breach of national values and principles of governance as highlighted in Article 10 of the Constitution on leadership and Integrity.

A ruling on a contempt of court suit by Ngwele against Elachi will be made today.

In that suit, the clerk has accused the speaker of disobeying court orders by suspending and sending him on compulsory leave on October 24 and defiantly appointing Muthami as acting clerk on October 30.

Interim conservatory orders had been issued on October 23 barring the county assembly service board and the speaker from terminating or otherwise removing Ngwele, Elias Otieno and Abdi Hassan Guyo from their respective offices pending the hearing of an application on November 11.

The two were restrained from reconstituting the board whether at the behest of the governor, Jubilee or ODM parties.

The speaker and the acting clerk went ahead and locked Ngwele out of his office, revoked his appointment as well as discussing the matter in the plenary.

Thiankolu argued that his client had an order issued by the court on October 30 directing him to resume work and the board was barred from exercising its duties pending the hearing of the petition on November 5, which however was extended to the 15.

The Employment and Labour Relations Court Justice Onesmus Makau on November 15 ordered that a preliminary failed to the extent that this court is seized of the jurisdiction to determine the employment-related dispute between the second respondent’s employees and their employer.

On October 30, Makau had ordered that contempt of court application of October 25 be withdrawn, same as the suspension of Ngwele and he is allowed to resume work unconditionally.