Kisumu MCAs have promised to proceed with the impeachment of finance executive Nerry Achar despite a court order halting the move.
A Nairobi court on Monday temporarily stopped Achar's impeachment pending hearing and determination of an urgent case by the executive.
Kolwa East MCA Steve Owiti tabled a motion of impeachment against Achar on July 30 and it was approved for debate this week.
But Employment and Labour Relations Court judge Maureen Onyango granted Achar's request for conservatory orders against the motion.
The case was certified as urgent.
"It is hereby ordered that in the meantime, both impeachment proceedings and implementation of the decision by the county assembly pursuant to a motion by MCA Steve Owiti approved on July 30 be and it's hereby stayed," Onyango ruled.
The application will be heard on August 12.
However, MCAs who spoke to the Star on phone on Tuesday said they will proceed with the impeachment process.
Chief whip Gard Olima said the process is on and that the assembly will on Wednesday debate the final report of the select committee and possibly adopt its recommendations.
Deputy speaker Roy Samu said there was no way the court can stop a process initiated by the assembly.
Samu said they will ignore the order and pass the motion so long as remain within the law. He said the conservatory orders issued were in relation to a motion that was already dispensed with.
He said the assembly gave Achar a chance for a fair hearing and to defend himself but he failed to appear before the committee.
“He wrote back to the assembly saying he cannot attend the hearing because he was going to the funeral of Bomet Governor Joyce Laboso,” Samu said.
Last week, the MCAs were unanimous in approving the motion of impeachment against Achar after also passing a vote of no confidence against the executive.
They formed a 16-member committee to probe grounds raised before the matter is presented for debate on Wednesday.
In the motion, Owiti accuses Achar of gross misconduct and violation of law in discharging his duties. The MCA said the executive failed to implement the County Finance Act by not collecting requisite revenue leading to budgetary deficits in terms of locally generated revenue.
Owiti said Achar failed to comply with the Public Finance Act by refusing to regularly report to the assembly on the implementation of the budget. That led to failure to implement many development projects and pending bills, the MCA said.
edited by peter obuya
