The Employment and Labour Relations Court has ordered Nairobi County Assembly Clerk Jacob Ngwele to step aside from his position pending the hearing and determination of his case.
Justice Maureen Onyango has in the meantime directed Deputy Clerk Adah Onyango to take over the functions of the office pending judgment in October.
It was the court’s view that even though Ngwele is the current Clerk of the assembly, he should step aside until the case is concluded.“In the meantime, Muvengei Jacob Ngwele to step aside until determination of the petition. The Deputy Clerk currently in office will take over the functions of the Clerk until the petition is determined” the court ruled on Wednesday.
Last week, Judge Onyango also issued orders suspending the appointment of Edward Gichana as the Clerk of the assembly.
Ngwele moved to court challenging the appointment of the Gichana and the court is expected to rule on the matter on October 16.
The court has removed ODM, Jubilee, Majority Leader Abdi Guyo, Maurice Gari and Mark Ndung’u as interested parties in the case, saying they are no longer necessary for the determination of the case.
Justice Onyango also ruled that there is no vacancy in the office of the Clerk until the case is determined.
“Petition 71 of 2020 is stayed as it seeks to fill the position of the Clerk of Nairobi County Assembly which is not vacant and which will be resolved by the determination of this petition,” the judge ruled.
The court's decision will come as a relief to Speaker Beatrice Elachi who has been feuding with Ngwele.
She had appointed Gichana as clerk, but the court suspended the appointment last week, making Ngwele make a dramatic return to the assembly.
There was chaos, as MCAs against Elachi attempted to serve her with a notice of impeachment.
Ngwele ended up giving notice of intention to impeach Elachi, asking her to step aside as the process proceeded.