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The Nairobi City County Assembly’s Ngei Ward MCA, Redson Otieno, and his counterpart from Kileleshwa, Robert Alai, have secured temporary relief following a High Court injunction that temporarily halts the reconstitution of the Public Accounts Committee (PAC) and the Sectoral Committee on Water and Sanitation. This injunction remains effective until the court hears and decides on the case.
Justice Chacha Mwita directed Utawala MCA Patrick Karani, a member of PAC, to submit supplementary affidavits and arguments within seven days. Respondents were similarly given a seven-day window to file their responses.
The court order, prompted by a petition from Karani, prohibits the implementation of the decision to reconstitute the PAC and the Water and Sanitation Committee, where Alai and Otieno faced removal. Mwita set a deadline of June 26, 2024, or until further court orders for compliance.
Failure to adhere to the court order would invite charges of contempt of court, as warned in the issued penal notice.
Karani argued that the move appeared politically motivated, alleging that the committees had not completed their mandated three-year term before the reshuffle. He urged the court to intervene, citing claims of illegality and abuse of power by the speaker.
The Nairobi City County Assembly Speaker, Kennedy Ngondi, and the Assembly itself were named as respondents, while Karani and twenty-one other interested parties were listed as petitioners.
Karani challenged Ngondi’s April 17, 2024 communication on the committee reconstitution as illegal, unprocedural, and premature, citing violations of standing orders 168(2), 169(1), 171, and 172. He implored the court to intervene to prevent further instances of illegality and abuse of power.
Ngondi’s decision to disband the Public Accounts Committee and Water Committee earlier in the month was met with criticism from Alai and Otieno, who alleged personal issues and misuse of power by the speaker as influencing factors behind the move.