Nairobi County acting Speaker Chege Mwaura has rejected the bid by ODM to replace its leadership at the assembly.
This comes after the party’s leadership led by chairman John Mbadi on Thursday wrote a letter to Mr Mwaura notifying him of the changes in the minority party. Minority leader Elias Otieno and whip Peter Imwatok were replaced with Highrise MCA Kennedy Oyugi and Lower Savanna ward rep Nicholas Okumu respectively.
STANDING ORDERS
But Mr Mwaura termed the replacement ‘null and avoid’, saying Mr Mbadi did not follow the laid down procedure and Standing Orders in replacing the two minority leaders.
The Ngara MCA said the Standing Orders stipulate that changes in the party leadership in the House can only be communicated in writing to the Speaker.
“The party expects the above changes to take effect immediately. Therefore, this letter overrides the earlier communication from the party,” read in part Mr Mwaura’s letter copied to ODM leader Raila Odinga, acting county assembly clerk Nancy Mutai, Mr Otieno,Mr Imwatok, Mr Oyugi, and Mr Okumu.
The acting Speaker said the Standing Order 21 (8) requires that such communications should be accompanied by the resolution of the party or coalition and minutes.
COALITION
The Standing Order reads: “The whip of the second largest party or coalition of parties in the county assembly shall forthwith, upon a decision made under this standing order, communicate to the speaker in writing the decision together with the minutes of the meeting which the decision was made.”
Mr Mwaura added that Nasa is the recognised entity at the county assembly, and not ODM, thus any changes to leadership of the minority coalition should be made by Nasa.
“You will note that the deputy minority leader at the assembly is from a different party, but in the same coalition. Therefore, the decisions contemplated in your letter can only emanate from the coalition for which the minority leader was appointed,” he said.
Mr Mwaura cited Senate Speaker Kenneth Lusaka’s ruling in February when he said ODM Parliamentary Group that voted to remove Bungoma Senator Moses Wetang’ula as Minority Leader was an unknown entity to the Senate.
Mr Mwaura said in the absence of the essential requirements – a vote and a resolution of the party’s membership at the assembly and minutes of the resolution, as stipulated in the Standing Order, he could not effect the changes made by Mr Mbadi.
“In lieu of the above reasons, and in order to maintain stability in the House as well as protect the rights of all members regardless of the position, I am afraid I cannot act on your letter unless the issues raised are sufficiently addressed,” he added.