Court nullifies appointment of Gichana as Nairobi clerk

A Nairobi court has nullified the recent appointment of Edward Gichana as the new Nairobi County Assembly Clerk.

The same court asked the current clerk Jacob Ngwele to step aside pending the hearing and determination of a case challenging his position.

The court ruled that the deputy clerk will take over functions of the clerk until the petition is determined.

Mr Gichana was appointed last month as clerk by the assembly’s board but the appointment was temporarily suspended pending the determination of an application filed in court by Mr Ngwele.

Wednesday, the Employment and Labour Relations Court ruled that the recent appointment of Mr Gichana is null and void as it violated a court order that reinstated Mr Ngwele as the assembly’s clerk.

Lady Justice Maureen Onyango had upheld a December 20, 2019 order by Justice J Makau directing parties in a case filed by Mr Ngwele to comply with an order issued on October 30, 2019.

The consent order reinstated (the petitioner) Mr Ngwele as the assembly’s clerk pending the hearing and determination of a petition he filed after being kicked out as clerk.

“There are no orders setting aside the said ruling. These orders are therefore confirmed and parties directed to comply. The foregoing settles the application dated July 30, 2020 by the Nairobi County Assembly and Edward Gichana to be enjoined as interested parties to this petition. This is because Gichana’s appointment was in violation of the court orders of October 30, 2019 and therefore null and void,” said Judge Onyango.

“In the meantime, Jacob Ngwele to step aside until determination of the petition. The deputy clerk currently in office will take over the functions of the clerk until the petition is determined,” she added.

In the petition, Nairobi County Assembly clerk is the petitioner while the speaker of the assembly is named as the the first respondent while the assembly’s service board is listed as the second respondent.

The judge made it clear that Mr Ngwele is the assembly’s clerk by pointing out that the petition only used the name clerk as it was intended to preserve the positions of the persons named in the petition.

“From the prayers sought and the proceedings, it is clear that the clerk of the county assembly who is Muvengei Jacob Ngwele only filed the petition in the name of the clerk, Nairobi County Assembly to preserve the positions of the persons named in paragraph 32 of the petition,” said the judge.

She explained that the only issue remaining for determination is the preservation of the position of the clerk.

“Petition number 71 of 2020 is stayed as it seeks to fill the position of clerk to the assembly which is not vacant, and which will be resolved by the determination of this petition,” she said.

The petitioner has been given until August 17 to file his submissions while the respondents given until August 31.

The submissions will be highlighted on September 21 before judgment is delivered on October 16.