Court bars Nairobi speaker Kennedy Ng'ondi from reconstituting two committees
Nairobi County Assembly. Speaker Kennedy Ng'ondi had disbanded the Public Accounts Committee and the Water and Sanitation Committee in the assembly.
A High Court has issued an order restraining Nairobi City County Assembly Speaker Kennedy Ng'ondi from reconstituting two Assembly committees pending the hearing of an application filed by two city MCAs.
The court suspended the implementation of the decision after Kileleshwa MCA Robert Alai and his Ngei Ward counterpart Redson Onyango approached the High Court seeking a stay of the process on the grounds that it violated the Standing Orders.
The ward representatives had also accused Mr Ng'ondi of using his powers to settle political scores by suspending the two ward representatives.
Justice Chacha Mwita stayed the implementation of the speaker's decision to suspend the two committees. “That in the meantime a Conservatory Order is hereby issued restraining the Respondent from implementing the 1st Respondent's decision contained in the communication from the chair No 19 of 2024 dated 17th April 2024 directing the reconstitution of the Select Committee on Public Accounts and Sectoral Committee on Water and Sanitation of the 2nd Respondent,” said the judge.
Both the MCAs and the County Assembly Speaker have also been given seven days to file their responses and supporting affidavits.
The High Court has also issued a show-cause notice to the county assembly to comply with the court's orders or face contempt of court charges.
The order will remain in force until June 26, 2024, when the case is expected to be heard for further directions.
In a communication to the assembly, Speaker Ng'ondi had disbanded the Public Accounts Committee (PAC), of which Mr Alai is the deputy chairperson, and the Water and Sanitation Committee, of which Mr Ngei is the chairperson.
“Hon. Members, to ensure effectiveness and efficiency in performance of the County Assembly and its Committees and pursuant the provisions of Standing Order 1and notwithstanding the provisions of Standing Order 203 and 209 respectively, I direct for the reconstitution of the Select Committee on Public Accounts and Sectoral Committee on Water and Sanitation pursuant to Standing Orders,” read the speaker's notice.
Mr Ng'ondi did not give reasons for the disbandment of the committees, but cited the Standing Orders which give him the power to disband committees after a period of three years. However, three years had not elapsed since the formation of the county assembly.
According to both documents, the MCAs allege that the process is illegal as it violates Standing Orders 168(2), 169(1), 171 and 172 of the Standing Orders on the nomination, criteria for nomination and approval of members of committees.
