Kwamboka's county attorney term extension claim dismissed

Acting Nairobi County Secretary Patrick Analo has disputed a letter being relied on by Lydia Kwamboka as proof of extension of her term in office as the County Attorney.

In response to a petition filed by Kwamboka challenging her sacking, Analo through Advocate Adrian Kamotho says their attention was drawn to a letter dated July 20, 2022.

The letter was supposedly drawn and signed by former Nairobi Governor Anne Kananu, extending Kwamboka's term of service to six years effective July 13, 2020.

Analo in an affidavit says they wrote to Kananu to establish whether the letter was authentic because from the face of it, it had visible anomalies.

“Kananu has undeniably confirmed that she is not the author, originator, the signatory or in any manner whatsoever associated with the letter dated July 20, 2022, and for the avoidance of doubt, proceeded to swear an affidavit dated November 10, 2023, denouncing the said letter,” reads Analo’s affidavit.

Analo in asking the court to dismiss the petition filed by Kwamaboka in July this year, said all the claims stated in the July 20 letter are unreasonable.

“I swear this affidavit to reiterate opposition to the petition dated August 15, 2023, and pray that the same be dismissed with costs,” he said.

In the matter, Kwamboka sued the County Secretary of Nairobi, the Governor and the County government (respondents) following her removal from office.

She alleged that her term in office was extended by the then governor Anne Kananu in 2020. Her term, she said, was extended to six years.

Kwamboka wants the court to declare that the county secretary cannot remove the county attorney from office without adhering to the procedure for removal.

Also sought is an order issued to respondents to reinstate her to her office without loss of any benefit.

She says she was approved by the current governor Johnson Sakaja having known of the existence of her contract under the office of the county Attorney Act 2020.

“This isn’t the first time there has been attempts to have me removed from office illegally for merely discharging my lawful duties,” reads her documents in part.

Kwamboka has challenged the letter from the country secretary purporting to remove her from office saying it is unlawful.

She says the county secretary has no power or authority to remove a county attorney from office.