TOO LITTLE TOO LATE?

Court bars CEC's removal after he's impeached

MCAs on Tuesday impeached Achar citing incompetence and misconduct.

In Summary

• Achar had earlier obtained orders stopping the assembly from impeaching him but the ward representatives said the injunction lapsed on Monday. 

• His initial order lapsed on August 12 before he was impeached the following day.

Kisumu county Finance executive Nerry Achar
Kisumu county Finance executive Nerry Achar
Image: FAITH MATETE

The court on Tuesday extended orders barring the impeachment of Kisumu finance executive Nerry Achar to September 18.

MCAs on Tuesday impeached Achar citing incompetence and misconduct.

 

Achar had earlier obtained orders stopping the assembly from impeaching him but the ward representatives said the injunction lapsed on Monday. Achar's initial order lapsed on August 12 before he was impeached the following day.

 

On Tuesday, Achar got fresh orders barring the implementation of the impeachment proceedings and stopped the executive's impeachment.

Employment and Labour Relations Court judge Justice Maureen Onyango sitting in Nairobi on Tuesday directed that the matter be transferred for substantive hearing before a Kisumu court. 

 

The initial order barred debate on Achar's impeachment motion pending the hearing and determination of his application. The court was to due to give further directions on Monday but the day was declared a public holiday. 

On Tuesday, MCAs impeached the executive saying the orders had elapsed.

Speaker Onyango Oloo on Tuesday said the court's fresh orders came too late and that the impeachment was concluded. "It is superfluous and of no legal effect. you can't stay a process that's over," Oloo said.

Deputy speaker Roy Samu said it was wrong to issue orders barring a process that was already dispensed with. "We impeached Achar in the morning and the orders were issued in the evening. It was overtaken by events," Samu said.

 

During the Tuesday debate, 37 MCAs voted for Achar's impeachment with only three voting against the motion. The ward reps accused Achar of incompetence and gross violation of the Constitution.

 

Speaker Onyango Oloo informed Governor Anyang' Nyong'o that Achar stood dismissed with immediate effect following the house resolution.

Kolwa East MCA Steve Owiti tabled the impeachment motion against Achar on July 30 and a select committee of 16 members was formed to scrutinise the allegations against the executive.

The MCAs said Achar was culpable  hence unfit to hold public office.  The committee recommended that Governor Anyang Nyong'o dismisses Achar with immediate effect.

They also recommended that the Directorate of Criminal Investigation and the Ethics and Anti-Corruption Commission should take up the matter.

Achar's problems with the assembly escalated on August 8 when the MCAs barred him from conducting business with them.

Oloo said the assembly would not honor any correspondence with Achar.

On Tuesday, Oloo said the impeachment process had been hampered by court orders. He said MCAs had planned to debate Achar's impeachment last week.

Owiti accused Achar of gross misconduct and violation of the 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.

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.

Edited by peter obuya