Nairobi county governor Johnson Sakaja has been challenged to come out clean over the role of the suspended county’s attorney, Lydia Kwamboka’s continued stay in office.
Nairobi County Assembly led by the youthful Nairobi West ward Member of County Assembly (MCA) Rex Omolleh questioned Kwamboka’s stay in office despite the assembly terminating her services through impeachment last year.
When Sakaja appointed his cabinet, he did not name Kwamboka’s replacement as the city’s attorney and yet the post was vacant to seem that the holder, Kwamboka was still in office.
“The cabinet nominees are supposed to undergo vetting while the post of the Attorney whose nominee is also to be vetted has not been nominated despite the post falling vacant after Kwamboka was ousted to bring uncertainty in the Nairobi county government,” said Omolleh.
Omolleh said despite Kwamboka being in office illegally, she has been transacting business on behalf of the county which risks the Sakaja-led government to face cases in courts based on its officer, who is not authorised to transact the signing of legal documents.
The MCA said that this exposes the county to invalidation of legal instruments and to unwarranted legal action.
Omolleh warned that the attorney violated Article 10 of the Constitution in that the national values and principles of governance set have not been observed and her continued stay in the office causes the taxpayer unnecessary costs.
Last year, the Nairobi County Assembly resolved to terminate the services of Kwamboka.
The ward representatives adopted a report by the Justice and Legal Affairs Committee that recommended for the termination of Kwamboka’s contract for abuse of office and operating without a valid advocate practicing certificate.
The report stemmed from an investigation by the committee which had been probing a petition by John Mark Ojiambo who sought the removal of Kwamboka “on behalf of Kenyan citizens and Nairobi taxpayers.”
Based on the observations, by the Nairobi County Assembly Justice Committee investigating her conduct chaired by then Komarock ward, MCA John Komu recommended that the county government terminate the services of Kwamboka as the county attorney.
Consequently, the then Speaker Benson Mutura communicated the decision of the assembly to deputy governor Anne Kananu who was the acting Nairobi governor.
In his petition, Ojiambo claimed that Kwamboka was in office illegally since her one-year contract lapsed in 2018 while she was serving a suspension under the then-governor Mike Sonko-led regime.
Ojiambo stated that on her return, her contract was renewed without vetting as required by law.
The county attorney was also accused of single-sourcing Njenga Maina and Company Advocates to take up over 60 cases related to City Hall yet the law firm had not been pre-qualified to offer legal services to the county.
According to the report, the law firm is now demanding Sh300 million in legal fees from the county which had already been paid Sh60 million in contravention of the Public Finance Management Act, 2012.
“The county attorney allegedly runs Njenga Maina and Company Advocates by proxy and has beneficial interests,” stated the petition.
Earlier, a city resident had petitioned the anti-graft agency to probe Kwamboka for abuse of office, conflict of interest, and professional misconduct.
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