The court has suspended that decision by Nairobi County Assembly Speaker Beatrice Elachi revoking the appointment of Jacob Ngwele as the clerk and appointing an acting clerk.
The Employment and Labour Relations Court judge Justice Onesmus Makau gave the orders on Monday pending the hearing of a contempt of court case on Friday.
Ngwele had earlier sued the Nairobi County Assembly Board and Speaker Elachi for going against a court order to send him on a one-month compulsory leave as from October 24
On October 30 Monica Muthami was appointed as the acting clerk.
On October 23 there were interim conservatory orders barring the board and also Elachi from suspending or removing Ngwele and former board members Elias Otieno and Abdi Hassan Guyo from their offices pending the hearing of the application.
“That in the interim the decision of the first respondent and the fourth and fifth interested parties purporting to appoint Ms Monica Muthami and/or any other person(s) as acting clerk of the Nairobi County Assembly is hereby suspended pending the inter-parties hearing of the application,” said Justice Makau.
In addition, the court also ordered the officers from the security of Government Building Unit and Parliament Police Station to ensure that Ngwele has access in office without any hindrances.
The officers were also directed to offer protection to the clerk while within the assembly pending the hearing.
For the past two weeks, Ngwele has been locked out of the office.
"I have learnt that the office was allocated to Maringo MCA Mark Ndung'u and Nairobi West Maurice Gari which is contrary to the court order. Both of the members are respondents in the contempt of court case," Ngwele said
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