The Employment and Labour Relations Court on Wednesday ordered reinstated Nairobi County Assembly Clerk Jacob Ngwele to step aside from his position pending the hearing and determination of his case challenging the appointment of Edward Gichana as his replacement.
Justice Maureen Onyango directed Deputy Clerk Adah Onyango to take over Ngwele’s functions pending judgment in October.
Last week the court suspended the appointment of Gichana as the new assembly clerk.
Gichana had been sworn into office and gazetted by besieged assembly speaker Beatrice Elachi, a move that Ngwele protested.
“It is hereby ordered that the appointment of Edward Gichana as clerk of the Nairobi County Assembly with effect from July 23, 2020 as published by the first respondent in the Kenya Gazette No.5072 of July 24, 2020 is hereby suspended pending inter partes hearing of the application herein,” the order by Lady Justice Onyango read in part.
Ngwele was in November last year kicked out by Nairobi MCAs on grounds of gross violation of Section 18(2) of the County Assembly Services Act.
He was accused by the speaker of being in office irregularly and drawing allowances amounting to Ksh1.2 million.
He was, however, reinstated after the Ethics and Anti-corruption Commission (EACC) affirmed his appointment.
Ngwele’s attempt to return to office late last month after months in the cold was opposed by the speaker.
Elachi rejected Ngwele’s reinstatement noting that a replacement (Gichana) had already been recruited.
The ongoing wrangles at the House saw Elachi suspended after chaos rocked the assembly.