20 April 2017

Kenya: MCA Files Case to Oust Nakuru Speaker Susan Kihika

Photo: Suleiman Mbtiah/The Nation
Nakuru County Assembly Speaker Susan Kihika addresses aspirants eyeing various posts in Nakuru on November 18, 2016.

Nakuru County Assembly Speaker Susan Kihika is facing a legal battle after a nominated MCA filed an application in court on Thursday seeking her removal from office.

Nominated MCA Margaret Kiiru wants the High Court in Nakuru to declare the Speaker, who is seeking the county senatorial seat, unfit to hold any public office.

She claims the Speaker misappropriated county assembly money.

The MCA claims the Speaker allowed the debating and passing of a motion to grant assembly members car and mortgage loan.

In her application, the MCA also wants the county assembly clerk Joseph Malinda declared unfit for failing to ensure that the procurement of goods and services were in line with the constitution.

PETITION

"We pray that the court makes a declaration that Ms Kihika and Mr Malinda are unfit to hold public office either permanently or a specified period that the court may deem fit," reads part of the petition.

In a sworn affidavit, the MCA claimed the Speaker is alleged to have allowed debate and passed a motion that led to the appropriation of Sh370 million as car loans funds and mortgage, which in contravention of County Government Act and Leadership and Integrity Act.

Ms Kiiru cites Chapter Six of the Constitution which sets out the principals of integrity and gives an outline of how the public office should be run and how the office bearers ought to conduct themselves.

Last month, the High Court in Nakuru ordered that an impeachment motion against the Speaker be tabled before the assembly.

IMPEACHMENT

This followed an application by the same MCA seeking orders to have the county assembly clerk compelled to have her planned motion for impeachment of the Speaker tabled.

She accused Ms Kihika of abuse of office, mismanagement and embezzlement of funds. She also accused her of failing to discharge her duties impartially.

Justice Maureen Odero in her ruling said that motion for impeachment of the county assembly speaker ought to have been given first priority over any other business.

Justice Odero further declared the car loan and mortgage scheme illegal saying that the channel used to pick family bank as the best bank to manage the Sh370 million kitty was unconstitutional.

Ms Kihika who is vying for the county senatorial position will be battling for the Jubilee party ticket in the jubilee ticket today.

Ms Kiiru has argued that the petition ought to be heard and determined before August 8 polls as the electorate stands to be subjected to by-election should the speaker win the election.

The matter will be heard Friday.

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