MCA files case to oust Nakuru Speaker Susan Kihika

Thursday April 20 2017

Nakuru County Speaker Susan Kihika

Nakuru County Assembly Speaker Susan Kihika addresses aspirants eyeing various posts in Nakuru on November 18, 2016. FILE PHOTO | SULEIMAN MBATIAH | NATION MEDIA GROUP 

By JOSEPH OPENDA
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Nakuru County Assembly Speaker Susan Kihika is facing a legal battle after a nominated MCA filed a petition in court on Thursday seeking her removal from office.

Nominated MCA Margaret Kiiru wants the High Court in Nakuru to declare the Speaker, who is seeking the county senatorial seat on a Jubilee ticket, unfit to hold any public office.

She claims the Speaker misappropriated county assembly money.

Ms Kiiru claims the Speaker allowed the debating and passing of a motion to grant assembly members car and mortgage loans.

In her application, the MCA also wants assembly Clerk Joseph Malinda declared unfit for office, saying he had failed to ensure that the procurement of goods and services was in line with the Constitution.

PETITION

“We pray that the court makes a declaration that Ms Kihika and Mr Malinda are unfit to hold public office either permanently or a specified period that the court may deem fit,” reads part of the petition.

In a sworn affidavit, Ms Kiiru claimed the passing of the motion led to the appropriation of Sh370 million as car and mortgage loans in contravention of the County Government Act and the Leadership and Integrity Act.

The MCA cites Chapter Six of the Constitution that sets out the principals of integrity and gives an outline of how the public office should be run and how the office-bearers ought to conduct themselves.

Last month, ruling on an application by the same MCA, the High Court in Nakuru ordered that an impeachment motion against the Speaker be tabled before the assembly.

IMPEACHMENT

Ms Kiiru accused Ms Kihika of abuse of office, mismanagement and embezzlement of funds. She also accused her of failing to discharge her duties impartially.

Justice Maureen Odero, in her ruling, said the Speaker impeachment motion ought to have been given first priority over any other business.

Justice Odero further declared the car and mortgage schemes illegal, saying the channel used to pick Family Bank as the best bank to manage the Sh370 million kitty was unconstitutional.

Ms Kiiru has argued that the petition ought to be heard and determined before the August 8 polls as the electorate stands to be subjected to a by-election should the Speaker win the election.

The matter will be heard Friday.