Nairobi Majority Leader Abdi Guyo suspended for missing sittings

Embattled Nairobi City County Assembly Majority Leader Abdi Guyo has been suspended for four months after missing 11 consecutive sittings.

This comes as infighting among Jubilee MCAs rages.

Following the suspension, the Matopeni Spring Valley Ward MCA said he is heading to the court to contest the decision by the assembly.

Speaker Beatrice Elachi, communicating the suspension, said Mr Guyo will henceforth cease to enjoy all the privileges he is entitled to as an MCA for the months he will be out of the assembly.

Ms Elachi further said the decision is not subject to review by any authority, directing the office of the clerk together with that of the sergeant-at-arms to fully enforce the decision.

ABSENTEEISM REPORT

The suspension of Mr Guyo follows the adoption of a report of the Assembly’s Powers and Privileges Committee which was investigating alleged absenteeism of the Jubilee MCA raised on the floor of the House on March 16, 2020 by nominated MCA Mary Ariviza.

In its findings, the committee chaired by the Speaker stated that Mr Guyo had missed 11 consecutive assembly sittings between January 9 and March 10, 2020, thereby violating provisions of Standing Order 242 of the county assembly.

The standing order states that if a member is absent from eight sittings of the assembly, during any session, without permission in writing from the Speaker, the Speaker shall report the matter to the assembly and the matter shall stand referred to the committee of privilege for hearing and determination.

The report showed that there is no record showing that the MCA wrote to the speaker explaining why he missed the sittings and even after being granted fair hearing, he refused to respond to the allegations, instead terming the committee as a “kangaroo” court.

COURT ORDERS

“Upon careful analysis of the documents submitted namely biometric attendance register and the sitting allowance payment schedules, it was revealed that the member had indeed missed the sittings. The committee thus resolves to have the member suspended for four months assembly sittings,” read the report.

Mr Guyo had on Monday obtained interim orders from the court barring the implementation of the report of the Powers and Privileges Committee pending inter-partes hearing of the application.

The court further issued an interim order barring the assembly from adopting the report of the committee touching on Mr Guyo.

“That the orders shall remain in force pending inter-partes hearing of the application and that the petitioner to serve the pleading before midday June 9, 2020 for mention for direction on June 15, 2020,” read the court orders.

ORDERS DEFECTIVE

But Speaker Elachi termed the interim order as defective as the petition alluded to one Abdi Hassan Guyo while the assembly’s records show that the member in question is Abdi Ibrahim Hassan.

She pointed out that according to the County Assemblies Powers and Privileges Act, 2017, section 10 states that no proceedings or decision of a county assembly or the committee acting in accordance with the Act shall be questioned in any court.

Nonetheless, the Matopeni MCA accused Ms Elachi of witch hunt and acting with impunity for disregarding the court order, saying that missing sittings does not constitute a breach of privileges.

“I am going to raise the matter of the Speaker’s conduct during our Jubilee meeting at the party headquarters. I will also be seeking legal redress because the committee and the Speaker have acted in contravention of a High Court order,” said Mr Guyo.

He also complained that when an issue is raised by a member for investigation by the committee, it should be dispensed with within 14 days but it has now been 60 days since the issue was raised.

“While Standing Order 242 requires that the matter be dispensed within 14 days, you will note that due to Covid-19 pandemic, the assembly adjourned indefinitely which coincided with the long recess,” said Ms Elachi while defending the county assembly.