Power brokers at City Hall said his determination not come back is based on his quest to control the Assembly’s shs 1.5 billion budgets in the 2021-2022 financial year. The Assembly also plans to put up a shs 592 million multi-storey car park at the parking lot adjacent to the Supreme Court.
Embattled former Nairobi City County Assembly Clerk Jacob Ngwele is fighting in the Court of Appeal to get back to City Hall.
On 16th October 2020, the High Court ruled that his appointment to the Nairobi City County Assembly as the clerk was shrouded in “mystery and illegalities”.
High Court Judge, Maureen Onyango dismissed Ngwele’s case where he had sought a finding and holding that the then Speaker Beatrice Elachi had engaged in malicious scheme of orchestrating the unlawful and unfair suspension, termination, and his removal and that of other senior officers and staff of the Nairobi City County Assembly from their respective offices since September 2017.
“However, he failed to prove this fact. As already stated above, the circumstances surrounding his appointment were questionable hence the 1st Respondent cannot be faulted for wanting to unearth those circumstances. The 1st Respondent was only doing what every Kenyan is called upon to do by the Constitution, to respect, uphold and defend the Constitution,” the Judge ruled.
The Court also added that Elachi resigned from her position hence issuing the order would be of no legal consequence.
Ngwele sought an injunction against Elachi from illegally or unfairly interfering with his employment by way of suspension, termination or removal whether acting directly or through third parties, agents, or proxies.
“Having found that the Petitioner’s appointment was shrouded by irregularities hence illegal, the Court declines to grant the said orders,” the judge ruled.
The Judge ruled that the petition was without merit and dismissed the same.
“In view of the dismissal of the petition, all the interim orders made during the subsistence of this petition in order to preserve the subject matter of the petition, including the stay of Petition No. 71 of 2020 and the order suspending Gazette Notice No. 5072 of 24th July 2020 are hereby discharged” the court ruled.
However, Ngwele rushed to the Court of Appeal and in June 2021, he obtained stay orders that were granted.
He was able to have Edward Gichana who had taken up his position bundled out of office.
Adah Onyango was appointed as the acting clerk pending the hearing and determination of the appeal.
Power brokers at City Hall said Ngwele is fighting to control the Assembly’s 2021-2022 budget totaling to shs 1,545, 872,087.
The Clerk is the accounting officer of the Assembly.
This is the amount of money in this year’s appropriation bill passed by the County Assembly.
Insiders said Adah is a Ngwele proxy and is implementing what pro -Ngwele MCA’s and staff want.
Apart from the total budget, in February 2019, MCAs gave an ok for the County Assembly to spend shs 592 million on development.
“The amount set aside by the Assembly for development is colossal and it means the Assembly wants to undertake some serious capital projects, “a City rep who requested anonymity said.
“They want to put up an Administration block at the parking lot adjacent to the Supreme Court. The County Assembly Service Board proposed that to the budget committee and MCAs passed the budget,” said the City rep.
The parking lot adjacent to the Supreme court is used by MCAs.
It’s owned by the Nairobi City County assembly and a City surveyor told Hot News it’s approximately more than an acre.
Another rep who sits in the budget committee said the Assembly wants to put up the multi- million administration block which will also have an underground parking lot.
“It is this colossal amount of money that has brought bad blood and fights at the Assembly. Nothing else. Everybody wants to have a say on how the money will be spend,” said another rep.
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