What you need to know:
- The five are among 12 others summoned by the Ethics and Anti-Corruption Commission (EACC) who were caught on the Closed Circuit Television (CCTV) footage showing how they disrupted the tabling of a motion by Viwandani MCA Samuel Nyangwara on September 29.
- Their lawyer, Harun Ndubi — in a phone interview — said that he had questioned the contents of the letters summoning his clients. He wanted to know whether they were appearing as witnesses or suspects, he said.
Five members of the Nairobi County Assembly (MCAs) have refused to record statements over a scuffle that erupted during a debate on impeaching Governor Evans Kidero.
The five are among 12 summoned by the Ethics and Anti-Corruption Commission (EACC) after they were captured on CCTV cameras disrupting the tabling of a motion by Viwandani MCA Samuel Nyangwara on September 29.
The five are Elizabeth Manyala (Kayole South) and nominated MCAs Alexina Mudi, Catherine Okoth, Florence Athembo and Joyce Nabwire.
Their lawyer, Harun Ndubi said in a phone interview that he had questioned the contents of the letters summoning his clients. He wanted to know whether they were appearing as witnesses or suspects, he said.
In a letter dated November 1, the EACC had asked the MCAs to appear before its detectives between November 4 and 10.
"The commission would like you to shed light on the matter and record a statement regarding the same," the letter says.
Mr Ndubi said EACC officers Derrick Kaisha and Jackson Agai failed to explain the offence his clients allegedly committed or cite which law they had broken.
However, the EACC told him that his clients were suspects, information that he used to advice the lawmakers to remain silent because they would incriminate themselves if they talked.
He further claimed that the anti-graft agency was being used to frustrate the politicians so as to lock them out of next year’s elections.
“This institution is used to undermine county governments as even in the National Assembly, MPs fight and even tear each other’s clothes, why are they not being summoned?” asked the lawyer.
On Wednesday, deputy Speaker Ken Ngondi is expected to appear before EACC detectives after failing to show up on Friday as scheduled because he was out of town on official duty.
Mr Ngondi presided over the stormy session on September 29 and was required to shed light on the conduct of the MCAs.
Peter Imwatok (Makongeni), Rose Kula and Tabitha Ngigirigi (both nominated) are expected to be grilled on Wednesday.
Those who will appear before the EACC on November 10 are Maurice Gari (Nairobi West), Peter Oluoch (Huruma) and Wilfred Odalo (Mabatini).
Speaker Alex Magelo and Clerk Jacob Ngwele were questioned by the same investigators last month.