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City County battles escalate as Nairobi Speaker Elachi faces abuse of office charge

Sunday November 24 2019

Ms Beatrice Elachi

Nairobi County Assembly Speaker Beatrice Elachi. PHOTO | FILE | NATION MEDIA GROUP 

COLLINS OMULO
By COLLINS OMULO
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The wrangles at the Nairobi County assembly are now headed for the anti-graft agency, which has received accusations linking Speaker Beatrice Elachi to abuse of office.

This comes after assembly Clerk Jacob Ngwele, through lawyer Muthomi Thiokol, wrote to the Ethics and Anti-Corruption Commission (EACC) to institute abuse of office charges against Ms Elachi.

Ms Elachi is accused of contempt of court.

The wrangles at the Nairobi County assembly have are now headed for the anti-graft agency after Speaker Beatrice Elachi was accused of abuse of office.

This comes after assembly Clerk Jacob Ngwele, through lawyer Muthomi Thiankolu, wrote to the Ethics and Anti-Corruption Commission (EACC) to institute abuse of office charges against Ms Elachi.

The Speaker is accused of contempt of court, illegal usurpation of powers, sending Mr Ngwele on compulsory leave, locking him out of his office and revoking his appointment. She is also accused of appointing Ms Monica Muthami as acting clerk on October 30.

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APPROVING PAYMENTS

The Speaker and Ms Muthami are also accused of usurping the functions of a substantive clerk, including approving and authorising expenditure, approving the procurement of goods and services and approving of payments, among other wrongdoings.

Mr Thiankolu said the acts constituted a breach of national values and principles of governance set out in Article 10 of the Constitution, the provisions of the Constitution relating to leadership and integrity and the provisions of sections 17, 19 and 20 of the County Assembly Service Act.

“Consider revoking any compliance certificates issued to Ms Elachi and Muthami regarding compliance with Chapter Six of the Constitution as read with relevant statutory laws, and instituting abuse of office charges or other relevant proceedings against the two,” the November 20, 2019, read.

Mr Thiankolu also asked the EACC to conduct an investigation into the circumstances in which the Speaker appointed Ms Muthami in defiance of a court order. Mr Ngwele and Ms Elachi are embroiled in a supremacy battle at the assembly.

CONTEMPT OF COURT

An ad hoc committee appointed by Ms Elachi two weeks ago called on the EACC, DCI and DPP to jointly investigate Mr Ngwele’s “irregular” appointment as assembly’s clerk.

Meanwhile, Mr Ngwele had also sued Ms Elachi for contempt of court, with the ruling scheduled for Monday.

He accused the Speaker of disobeying a court order by suspending and sending him on compulsory/administrative leave on October 24, 2019 and replacing him with Ms Muthami.

llegal usurpation of powers, sending Mr Ngwele on compulsory leave, locking him out of his office and revoking his appointment. She is also accused of appointing Ms Monica Muthami as acting clerk on October 30.

APPROVING PAYMENTS

The Speaker and Ms Muthami are also accused of usurping the functions of a substantive clerk, including approving and authorising expenditure, approving the procurement of goods and services and approving of payments, among other wrongdoings.

Mr Thiankolu said the acts constituted a breach of national values and principles of governance set out in Article 10 of the Constitution, the provisions of the Constitution relating to leadership and integrity and the provisions of sections 17, 19 and 20 of the County Assembly Service Act.

“Consider revoking any compliance certificates issued to Ms Elachi and Muthami regarding compliance with Chapter Six of the Constitution as read with relevant statutory laws, and instituting abuse of office charges or other relevant proceedings against the two,” read the letter dated November 20, 2019.

Mr Thiankolu also asked the EACC to conduct an investigation into the circumstances in which the Speaker appointed Ms Muthami in defiance of a court order. Mr Ngwele and Ms Elachi are embroiled in a supremacy battle at the assembly.

CONTEMPT OF COURT

An ad hoc committee appointed by Ms Elachi two weeks ago called on the EACC, DCI and DPP to jointly investigate Mr Ngwele’s “irregular” appointment as assembly’s clerk.

Meanwhile, Mr Ngwele had also sued Ms Elachi for contempt of court, with the ruling scheduled for Monday.

He accused the Speaker of disobeying a court order by suspending and sending him on compulsory/administrative leave on October 24, and replacing him with Ms Muthami.

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