The Court of Appeal has thrown out a petition that was filed by Nairobi Assembly Clerk Jacob Ngwele challenging his dismissal by Nairobi County Assembly Board.
The Court has also reinstated current clerk Edward Gichana who had been ordered to step aside last year by the Court.
The judges also said that the grounds in which the application was done had no merit.
“Having carefully considered the appellant’s appeal: the grounds on which it is anchored and, in particular, ground Nos 4, 6 and 7, which go to the roots and dispose of the substratum of the appeal, and in respect of which the parties requested us to render our reasoned judgment: the record of appeal: and having also considered the written and oral submissions of learned counsel for the appellant and learned counsel for the respondents, we find that the appellant’s appeal on those grounds has no merit. Accordingly, we hereby order and direct that: The appellant’s appeal be and is hereby dismissed, The judgment and decree of the Employment and Labour Relations Court at Nairobi (Maureen Onyango J) delivered on 16th October 2020 in ELRC Petition No. 194 of 2019 be and is hereby upheld: and Each party shall bear their own costs of the appeal,” read the judgment.
“As regards the issues of the alleged appointment and confirmation of the appellant as Clerk of the Assembly, the consent recorded in ELRC Civil Suit No. 2108 of 2014, and on the multiple judicial pronouncements rendered allegedly in favor of interim Clerks, we have said enough and have made conclusive findings leading to our conclusion that the appellant had never been appointed and approved as Clerk of the Assembly in accordance with the mandatory provisions of section 13(1) of the County Government Act 2012 and section 18(1) and (2) o the County Assembly Services Act 2017. Accordingly, we concur with the findings of the learned Judge and find nothing to fault her judgment in that regard,” the judgment read.
Meanwhile Gichana has welcomed the judgment saying he is ready to work with all staff and members of the county assembly.
He called on Assembly staffs to stop politics and allow him discharge his duties as he prepares the assembly for transition.
“My business will be to create a big team of county staff so that they are able to work and support the members. We want to ensure that we do a proper transition to ensure that our members are assisted to clear when that time comes. We also organize any other transition arrangement that may be required of us. I also want to thank the leadership of the assembly and members of the staffs who have stood with me till this very day,” Gichana said.
By Allan Otieno and Emmaline Owuor
VIDEO OF THE DAY;https://www.youtube.com/watch?v=6K08xhlIEFo