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Court orders reinstatement of Cord MCA who led Kidero impeachment motion

The High Court on Wednesday ordered the Speaker of Nairobi County Assembly Alex Ole Magelo to restore the majority chief whip of Cord to his office.

Mr Justice Joseph Onguto directed that Mr David Mberia, who had been forced out of office for participating in the impeachment motion against Nairobi Governor Dr Evans Kidero be reinstated back to his office with the full secretariat.

Justice Onguto concurred with lawyer Titus Koceyo that no one should be victimized for his/her constitutional stand on public issues.

Mr Koceyo told the judge that Mr Magelo illegally exercised his disciplinary authority against Mr Mberia whom he accused of misbehaving in the house during the impeachment proceedings against Dr Kidero on October 6.

In his brief ruling, the judge said: “Mr Mberia who has been transacting official business in his office since 2013 cannot now be operating from the corridors without a proper legal cause.”

The judge heard that in removing Mr Mberia from his official office and denying him his secretariat, Mr Magelo acted in total disregard of the Constitution, the law and rules of natural justice.

UNLAWFUL REMOVAL

Mr Mberia says the action of Mr Magelo, has hindered him from performing his statutory duties to the political party or coalition which elected him.

“This action of Mr Magelo has led to uncertainty, anxiety and legal lacuna in the management and operations of the party in the proceedings of the county assembly,” Mr Koceyo told the court.

The court also heard that besides the closure of his office, Mr Mberia further suffered the withdrawal of his official car, security and secretary.

“The act by Mr Magelo to remove him (Mberia) from office is illegal and amounts to a breach of his constitutional and legal rights,” Koceyo stated.

Mr Mberia says his removal from office by virtue of him exercising his constitutional rights to participate in the proceedings of impeachment of Dr Kidero is unlawful, illegal and a muzzle of his freedom of conscience and rights to represent the electorate and the political party which sponsored him.

Justice Onguto directed the case be mentioned on December 7, 2016  for further directions.