• Confusion has characterised the occupancy of the clerk’s office since last year after former office holder Jacob Ngwele and former speaker Beatrice Elachi fell out.
• Gichana was sworn in as the new clerk in June but a court suspended the gazettement of his appointment four days later.
Edward Gichana is now the substantive clerk of the Nairobi County Assembly four months after he was sworn in on July 24.
The gazettement of his appointment was, however, suspended due to outstanding court matters related to the job.
Outgoing acting clerk Pauline Akuku on November 25 announced to the assembly staff that Gichana would be taking over the office as the substantive clerk.
“I have today, November 25, ceased to act in the position of the clerk having handed over to Edward Ombwori Gichana, who now takes over as the substantive clerk of the county assembly and secretary to the County Assembly Service Board,” Akuku said in a letter copied to speaker Benson Mutura.
She urged the staff to accord Gichana full support.
Mutura, who is the chairman of the CASB, had on November 19 terminated the appointment of Akuku as the acting clerk, on the grounds that she had overstayed in the position contrary to the provisions of the Public Service Commission Act.
He told her to resume her duties as the deputy clerk in charge of administration.
Earlier in the week, a section of MCAs had asked the speaker to pronounce himself on the occupancy of the clerk’s office.
Confusion has characterised the occupancy of the clerk’s office since last year after the former office holder, Jacob Ngwele, and former speaker Beatrice Elachi fell out.
In July, Employment and Labour Relations Court judge Maureen Onyango stayed orders on Ngwele as the clerk and gave the assembly 45 days to recruit a clerk.
The assembly’s board declared the vacancy and 11 people were interviewed, including Gichana.
On July 24, Gichana was sworn in as the new clerk but a few days later the court suspended the gazettement of his appointment.
On August 5, Justice Onyango ordered Ngwele to step aside pending the hearing and determination of his case this month.
“It was the court’s view that even though Ngwele is the current clerk of the assembly, he should step aside until the case is concluded.
“In the meantime, the deputy clerk currently in office will take over the functions of the clerk until the petition is determined,” the court ruled.
Justice Onyango also ruled that there was no vacancy in the office of the clerk until the case was determined in October.
“Petition 71 of 2020 stays as it seeks to fill the position of the clerk of Nairobi County Assembly which is not vacant and which will be resolved by the determination of this petition.”
Last month, Justice Onyango ruled that Ngwele’s appointment to the clerk’s office was shrouded in irregularities.
“The petitioner sought an injunction against the respondents for illegally or unfairly interfering with his employment by way of suspension, termination or removal whether acting directly or through third party… Having found that the petitioner’s appointment was shrouded in irregularities, hence illegal, this court declines to grant those orders,” she ruled.
Further, she suspended all orders given in relation to the case.
“I find the petition is without merit and dismiss the same. All the interim orders, including the stay of the Petition No 17 of 2020 and the order suspending Gazette Notice No. 5072 of July 24, are hereby discharged.”
This ruling gave the leeway for Gichana to occupy the clerk’s office.
CLARIFICATION
On Wednesday, we carried a story that implied that the position of the clerk had been declared vacant. That was not correct and we take this earliest opportunity to apologise for the confusion that the story might have created.