• Sonko said Muthami has no mandate in law to write to him yet the assembly has a substantive clerk.
Nairobi Governor Mike Sonko says he will not present his defense to the assembly terming letter from the acting clerk as illegal.
Sonko through his lawyer Harrison Kinyanjui has questioned why the assembly through Acting Clerk Monica Muthami wrote to him while the court reinstated Jacod Ngwele as the bonafide clerk of the assembly.
Sonko said Muthami has no mandate in law to write to him yet the assembly has a substantive clerk.
The assembly through Speaker Beatrice Elachi had given the county boss until March 2, 2020 before 10.00 am to submit his written defense on the accusation detailed in the impeachment motion that was tabled last week.
But the governor is using the ruling issued by the Employment and Labour Relations Court's conservatory orders confirming Ngwele as the clerk.
Muthami acknowledged receiving the letter but said it was not properly addressed.
“I received it Wednesday but it was not properly addressed. I wrote back and asked Kinyanjui to addressed it properly to the assembly,” she said.
Muthami said the office of the clerk has not received any other letter from the lawyer.
In a letter written to the clerk of the assembly, Sonko terms Muthami as a stranger and calls the motion unknown to him.
"We found this shocking, since as already advised, we had received your letter to us indicating that the was no such motion on your office at all," Sonko says.
The new development throws a spanner in the works, as Sonko is already questioning the manner in which the motion has been dispensed.
In a separate letter dated February 25, 2020 to Elachi, Lusaka and the Attorney General, Sonko's lawyer argued that no motion has been served to the governor therefore handicapped from submitting any response.
"There is no motion by Hon. Peter Anyule lmwatok served on our client with any evidence adduced in alleged support of the allegations levelled against our client, our client is totally handicapped from making any response to the spurious allegations against him," the letter read.
The assembly last year in November formed an ad hoc committee to investigate into the appointment of Jacob Ngwele to the assembly.
The assembly resolved to revoke Ngwele as the clerk.
Last week on Tuesday, Ngwele attempted to go back in the assembly but accompanied by close to 10 police officers but left shortly after the police were withdrawn.
Elachi, however, said Ngwele is facing criminal charges and he was an interim clerk seconded to the Assembly
“We are discussing a person who is facing criminal charges of withdrawing money from the county assembly and even went ahead to put the assembly in an awkward situation,” she said.