- The house on Tuesday adopted a report by the powers and privileges committee inquiring into his alleged absenteeism.
- Guyo is said to have appeared virtually before the committee on Monday but declined to respond.
The Nairobi county assembly has suspended Matopeni MCA Abdi Hassan Guyo after failing to attend 11 plenary sittings between January and March.
The house on Tuesday adopted a report by the Powers and Privileges Committee inquiring into his alleged absenteeism.
The committee chaired by assembly speaker Beatrice Elachi is said to have taken up the matter after nominated MCA Mary Arivitsa on March 16 raised the absenteeism of the member from the plenary.
Before giving her directions on the issue, Elachi said the inquiry was dealing with a member who was sworn in as Abdi Ibrahim Hassan. Guyo was a stranger.
"There is a process used when people want to add other names and a law which allows you to adopt such names and since that was not followed, we have no idea of any other thing and that is the person we have dealt with," she said.
Long absenteeism violates Standing Order 242. The committee on June 5 wrote a letter to Guyo inviting him to appear on June 8 to explain himself.
Guyo is said to have appeared virtually before the committee on Monday but declined to respond, saying the notice issued to him to respond was insufficient.
The committee analysed documents, biometric records and sitting allowance payment schedules submitted by Arivitsa.
It was revealed that Guyo missed sittings on January 9, February 18, 19, 20, 25, 26, and 27 and March 3, 4, 5 and 10.
The committee observed that apart from missing the sittings in the mentioned dates, the legislator did not submit any written explanation to the speaker on why he was absent.
It was observed that after being given a chance to respond to the allegations against him, Guyo referred to the committee as a Kangaroo court and failed to talk.
The committee recommended that Guyo be suspended with immediate effect from the assembly and its precincts for a period of four months.
Other suspended Nairobi MCAs are Kileleshwa rep Elias Otieno, Air Base MCA Fuad Hussein and nominated MCA Habiba Hussein.
“Noting that Hon Ibrahim Abdi Hassan deliberately refused to respond as to why he missed more than eight sittings without permission in writing from the speaker as contemplated under the Constitution of Kenya and further noting that the member undermined the authority of the committee, the committee decided not to invoke provisions of Article 194 but alternatively suspend the member,” the report reads.
Speaker Elachi directed the serjeant-at-arms and clerks to fully enforce the decision made by the assembly
"The member shall cease to enjoy all the privileges that he has been entitled to by virtue of being a member of the county assembly. The decision by the county assembly is not subject to review by any authority. This is in accordance with Section 10 of the County Assembly Powers and Privileges Act 2017," Elachi ruled.
But Guyo said there was a court order barring the powers and privileges committee from investigating and punishing him, which was ignored.
Guyo had petitioned High Court Judge Weldon Korir, who certified the application as urgent and issued temporary orders barring the committee from investigating him.
Guyo sued Elachi, the assembly, the committee and the clerk of the assembly.
Edited by Henry Makori