The Employment and Labour Relations Court has suspended the appointment of Edward Gichana as the new Nairobi County Assembly clerk.
This follows a petition filed by besieged clerk Jacob Ngwele on Monday challenging Gichana’s appointment.
The court suspended Gichana’s gazettement as Nairobi clerk until the petition is heard and determined.
“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 Maureen Onyango reads 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 last Thursday after months in the cold was opposed by the speaker.
Elachi rejected Ngwele’s reinstatement noting that a replacement had already been recruited.
“We will not allow him back because as far as I am concerned, we have already completed the recruitment process for his replacement,” Elachi said.
She went ahead to swear in Gichana as the new assembly clerk.
Members of the County Assembly allied to Ngwele protested the speaker’s move.