Removal of Nakuru Speaker Susan Kihika in motion

Nakuru County Assembly Speaker Ms Susan Kihika will now face an impeachment trial after the High Court allowed a Member of the Assembly to table a motion seeking her removal from office.

The impeachment motion, which was drafted by House nominated MCA Margaret Kiiru, has been pending since 2014.

Ms Kiiru moved to court claiming the Assembly Clerk Mr Joseph Malinda and Speaker had blocked her from tabling and moving the motion in the House.

In the motion, the MCA accuses the speaker of abuse of office, mismanagement and embezzlement of funds. She also accuses the Speaker of failing to discharge her duties impartially.

Justice Maureen Odero in her ruling, ordered the Nakuru County Assembly Clerk to clear the impeachment motion for debate, arguing that it ought to have been given first priority over any other business.

TABLE MOTION

“Where the Clerk of the County Assembly fails to list the motion on priority at the time of preparing the order paper, this court is allowed to compel him to comply with standing order,” ruled justice Odero.

Ms Kiiru had moved to court seeking orders to have Nakuru County Assembly Clerk compelled to let her table the impeachment motion.

She accused the County Assembly clerk of frustrating he impeachment motion against the Speaker and blocking it from being debated.

The MCA also wanted the car loan and mortgage scheme for MCAs declared illegal as the Speaker did not follow proper tendering process in awarding the tender to Family Bank.

In the scheme, 74 Nakuru MCAs were to receive Sh2 million car loan and a Sh3 million mortgage.

According to the MCA, Ms Kihika had abused her powers by using the loans to win support of the MCAs in order to defeat a planned impeachment motion against her.

“The process was flawed and that there lay a risk of misusing public funds since no committee had been appointed to manage the funds. She said there was no tendering to pick the best bank to manage the Sh370 million kitty,” said the MCA.

Justice Odero granted the orders saying that the channel used to pick Family Bank as the best financial institution to manage the Sh370 million car loan and mortgage kitty was unconstitutional since it did not follow proper procurement and disposal regulations.