Call For Arrest Of Nairobi Assembly’s Speaker, Board Over Unlawful Appointment Of Acting Clerk

Calls are intensifying for the arrest of Nairobi Assembly’s speaker and board’s arrest following the unlawful appointment of Romeo Gavin Castro who was appointed contrary to the court orders that had directed for Pauline Akuku, the Deputy Clerk Administration be appointed to be appointed.

On Monday, a Labour Court temporarily barred Adah Onyango from acting as Nairobi City County Assembly Clerk and Secretary to the County Assembly service board.

Employment and Labour Judge Nduma Nderi issued the order following an application filed by Human Rights activist Okiya Omtatah.

Omtatah argues Onyango violated the law in that she has acted in the office of the Clerk for more than the maximum six months allowed in law.

He says Onyango should have vacated office and handed over to her alternate, Pauline Akuku, the Deputy Clerk Administration.

Onyango was appointed on Monday June 7, 2021 as the acting clerk and secretary to the County assembly service board.

She ought to have vacated the said office on December 6.

Onyango was an accomplice to the City Hall cartels and worked closed with ousted clerk Jacob Ngwele and was Abdi Guyo’s puppet.

Contrary to the court orders to Ms Pauline Akuku, the Deputy Clerk Administration as the acting clerk, we’ve learnt that forces are not comfortable with her and instead have appointed a junior officer whom they’re sure of manipulating to continue with their fleecing of the county funds.

In a letter seen by Kenya Insights, MCA Mary Ariviza has invited the EACC to investigate the speaker and board over the irregular appointment of Mr. Castro.

“Section 21 of the County Assembly Services Act, 2017 provides that in the absence of the Clerk, the Deputy Clerk should act in the position. In particular,” she says.

The said Section provides;-

“21. If the office of the Clerk is vacant, or if for any reason the Clerk is unable to exercise the functions of his or her office, the Deputy Clerk or, in the absence of the Deputy Clerk, any other officer in the Service appointed by the Board may exercise all the functions, duties and powers of the Clerk”

“The Nairobi City County Assembly Organizational Structure, Staff Establishment and Career Progression guidelines, provides for two Deputy Clerks one in charge of Legislative Services (Adah Onyango) and another in charge of Administrative Services (Pauline Sarah Akulu). It therefore follows that since Ms. Adah Onyango has been barred
by the Court from acting, Ms. Pauline Sarah Akuku (Deputy Clerk Administrative Services), the alternate Deputy Clerk should proceed to act in the position of Clerk and serve as the Accounting Officer of the Assembly.” The letter reads.

She continues, “However, in blatant abuse of office and in flagrant abuse of the law, the Nairobi City
County Assembly Service Board on Tuesday, 21* December, 2021 appointed a junior officer, Mr. Romeo Gavin Castro to serve in the position of Clerk.”

“Therefore, I humbly request the Ethics and Anti-Corruption Commission (EACC) to investigate the circumstances under which the Service Board disregarded the provisions of Section 21 of the County Assembly Services Act, 2017 and appointed a junior officer to act in the office of the Clerk, Nairobi City County Assembly.” It concludes.

Meanwhile, according to a letter seen by Kenya Insights, the shortchanged Akuku has written a protest letter to the speaker Benson Mutura over the irregular appointment made by the board.

“As you are aware, the Nairobi City County Assembly Organizational Structure, Staff
Establishment and Career Progression guidelines, provides for two Deputy Clerks one in charge of Legislative Services (Adah Onyango) and another in charge of Administrative Services (Pauline Sarah Akuku). It therefore follows that since my colleague has been barred by the Court from acting, I being the alternate Deputy Clerk should proceed to act
in the position of Clerk and serve as the Accounting Officer of the Assembly.” The letter reads.

“However, as communicated in your Memo, the Service Board in disregard of the above provisions of the law, has appointed another officer to act in the position. Accordingly, I kindly request for your clarification on the circumstances leading to the actions of the Service Board since the same will automatically lead to legal challenges in the office of the Clerk. You may wish to note that the Court in ELRCC/E951/2021 and ELRC]R/E30/2021
reinstated me to my substantive position of Deputy Clerk (Administrative Services).” She says.

It is not the first time Akuku is getting shortchanged, according to a letter in our possession, the board had resolved in June to appoint Akuku to replace Gichana. Anyango who’s an accomplice to the cartels was appointed instead.

The letter.

The board is being accused of abusing office and making appointments that align with the city hall cartels interests.

According to the content of raw minutes from the board meeting held on 21st obtained by Kenya Insights from our insider source, the board foolishly discarded the court’s order claiming that the position of the deputy clerk doesn’t exist and that any officer could take up the acting position.

In the meeting attended by the ousted Ag clerk Adah Anyango, the board concluded, “the positions of deputy clerk doesn’t exist, the positions is declared null and void.” The minutes reads.

Minutes from the meeting below;

City Hall is on the spot over unwarranted court battles and outsourcing legal services to cartel law firms that continue to milk the coffers. Officials have been accused of making up cases liaising with law firms for a cutoff. This is a classic example of such where the law is discarded to make way for a fresh legal battle.

The board directed for the legal department to file with court a stay order to communicate that ‘they’ve complied but not win agreement with court orders’ this lays ground for a full blown yet avoidable court battles simply because the board, speaker are compromised and in the grip of city hall cartels. It’s a theft syndicate. That’s why the EACC must investigate every board member and the speaker, they’ll strike gold.

We’ve gathered that since Mutura took office, over Sh100M has been paid to the cartel law firms. For instance, Duncan Okatch of Okatch & Partners advocates, the lawyer implicated in multimillion scam case that saw Nigerian scammer Hushpuppi  incarcerated by the US authorities. Okatch played a role in money laundering. His client Abdulrahman who was involved in the scam is set for extradition to the U.S. following request by FBI to the Kenyan authorities.

Okatch is said to be one of the biggest beneficiaries of the legal tendering in the assembly. His payments are not only quickly approved but the withdrawals of the funds are as suspicious. Money will be withdrawn under hours of approval.

A cut off is often given to the speaker and the board. EACC can follow the money trail.

Romeo was appointed and sworn in under hours.

The board members on the spot over abuse of office include; Charles Thuo, MCA, Vice Chair, Catherine Okoth, MCA, Fatuma Affey, and Willis Okello.

Running of Nairobi Assembly is heavily compromised as former councilors from the municipal council align themselves to reinstate their corrupt practices that marred the operations.

Mutura who’s the speaker was a former councilor, Abdi Guyo who’s the lead cartel in the group is also a former councilor. Mutunga who was recently appointed by Kananu as the deputy governor is also a former councilor. His appointment was however stopped by EACC following his history of corrupt deals. Unknown to Governor Kananu, the scheme of suggesting Mutunga by the cartels was to later impeach her and Mutunga to take over, the municipal cartels would’ve then taken over the operations.

Despite corruption allegations against him, the former governor Evans Kidero had put in place structures that have been dismantled.

Is the president aware of the evil schemes of the city hall cartels who’ve destroyed the basic structures of the county government? How can they for example allege that the office of deputy clerk is not existent, a body that was formed through the public service commission, a body that was tabled, debated, approved by the assembly. In absolute and disregard for the law, the board that is fueled by impunity continue to give a middle finger to the law and run the city with extreme disrespect.

The president, EACC must move with speed and save the city before it remains an empty shell.