• Kwamboka was vetted and her name was approved by the assembly in April 2018.
• In April this year, county attorney said cartels were fighting back because they were threatened by her refusal to allow irregular payment of legal fees to corrupt networks.
Image: MAUREEN KINYANJUI
The Nairobi County Assembly wants county attorney Lydia Kwamboka to be sacked for alleged incompetence.
On Tuesday, MCAs adopted a report by the assembly’s justice and legal affairs committee that called for her termination.
The report cited incompetence, among other issues. It said she did not have a current annual practicing certificate.
It said she single-sourced Njenga Maina and Company Advocates to handle more than 60 matters in which the county had been sued. But the firm was not prequalified or qualified to provide legal services, it said.
She was also accused of nepotism.
As deputy governor, Ann Kananu cannot remove Kwamboka, however, as acting governor, she may be able to do so.
The committee chaired by Joseph Komo had been tasked to investigate and report on a petition by John Mark Ojiambo who sought Kwamboka's removal for alleged incompetence.
Kwamboka responded on Wednesday.
"It’s not the civil society, it’s actually some disgruntled MCAs unhappy because I refused to approve some fictitious legal fees. They are not bold enough to bring the petition in their own names.
"I challenged them to avail the petitioner during the hearing in accordance with the Fair Administrative Act 2015. But they declined to do so and instead asked for a written response without giving me a chance to be heard.
"What transpired is an illegality and impunity," she said.
In April, the county attorney said city cartels were fighting back because they were threatened by her refusal to allow irregular payment of legal fees to corrupt networks.
On the validity of her contract, she said in her submission she had a one-year contract renewable by the governor based on her performance.
She said then-Governor Mike Sonko extended her contract until December 2022," Kwamboka said.
While appearing virtually before the committee on April 7, Ojiambo alleged Kwamboka's conduct does not meet the provisions of the Constitution on Article 10 and Chapter Six on integrity.
He said her appointment was for a one-year contract and the contract lapsed in 2018.
The petitioner also said the county attorney neglected last year's practicing certificate. He said the Advocates Act requires every advocate to take out a new certificate at the beginning of each year.
He also said she single-sourced an unqualified and unprequalified firm, Njenga Maina and Company Advocates to handle 60 lawsuits against the county.
Kwamboka failed to appear before the committee on July 6 this year. She sent a letter saying she was to participate in the swearing-in of Deputy Governor Ann Kananu as the acting governor on July 7.
In her submissions, Kwamboka said she had a one-year contract that is renewable by the governor based on her performance.
On whether she held a practicing certificate for 2020, Kwamboka said the Law Society of Kenya on April 6 indicated the county attorney was just like any other public officer.
The Advocates Act 2010, Cap 1 indicated she was not required to take out an annual practicing certificate, Kwamboka said.
On competence, she said she had diligently discharged her duties as county attorney and Kananu did not find her guilty of any grounds warranting dismissal.
“In the interest of justice and fairness, the petition should be dismissed as no evidence has been adduced to substantiate removal in office based on allegations levelled against me," she said.
On Njenga Maina and Company Advocates, the county attorney said the firm was prequalified and awarded tender NCC/NCM.PREQ/001/B9/2017-18-2018-2019.
“When it comes to service providers, provisions of Sections 55 to 58 of the Procurement and Disposal Act 2015 apply. Advocates do not sign contracts like the rest of service providers,” she added.
County secretary Jairus Musumba and director of supply chain management also appeared before the committee. They submitted the list of legal firms that offered services to the county from 2013 to date.
Njenga Maina and Company Advocates was not on the list.
The justice committee observed that Njenga Maina and Company Advocates does not appear in the list of prequalified supplies as required by Section 57 of the Public Procurement and Asset Disposal act 2015.
It said the Law Society of Kenya indicated Kwamboka violated the Advocates Act by practicing and purporting to practice without a valid practicing certificate for the year 2020.
She was found to have violated provisions of the Public Procurement and Asset Disposal Act, 2021 by issuing instructions to an un-prequalified law firm.
The committee also said Kwamboka contravened Article 10 of the Constitution on National Values and Principles of Governance in her decision to stay in office. This will continue to cost the taxpayers unnecessary funds, it said.
On allegations of nepotism, the committee said the county's legal department is headed by members of one ethnic group.
Based on observations and findings, the Komu-led committee recommended Kwamboka's tenure as the county attorney be terminated.
As a result, assembly Speaker Benson Mutura wrote to Kananu, informing her of the assembly’s resolution calling for Kwamboka's termination.
“That the Acting Governor terminates the services of Lydia Kwamboka as the County Attorney in accordance with Section 13 of the Office of the County Attorney Act, 2020,” the letter reads.
Kananu was also instructed to withdraw services of Njenga Maina and Company Advocate and give the work to internal advocates or a law firm prequalified to offer services to the county.
(Edited by V. Graham)