Nairobi MCA Abdi Guyo obtains court orders stopping probe into his conduct
Matopeni MCA Abdi Guyo has obtained interim court orders barring investigations into breach of assembly privileges even as he risks of losing his seat over the matter.
Mr Guyo is accused of violating Standing Order 242 of the County Assembly by allegedly being absent from sittings of the Nairobi County Assembly without written permission from the Speaker.
The standing order states that if a member is absent from eight sittings of the assembly, during any session, without permission in writing from the Speaker, the Speaker shall report the matter to the assembly and the matter shall stand referred to the committee of privilege for hearing and determination.
Guyo is alleged to have missed more than eight consecutive sittings of the assembly without written permission from Speaker Beatrice Elachi or any satisfactory explanation.
In a bid to stop the matter being referred to the Powers and Privileges committee of the assembly, the two-time ward representative has obtained interim orders from the Milimani High court barring the committee from holding any sitting to investigate his conduct.
The committee is set to investigate the MCA for conduct which constitutes breach of privilege as set out in the letter from the committee dated June 5, 2020.
He has also obtained a temporary interim order staying the implementation of the report of the Powers and Privileges committee relating to its investigations against him pending inter-partes hearing of the application.
Further, the court has issued an interim order barring the assembly from adopting the report of the committee touching on Mr Guyo pending hearing of the application inter partes.
“That the orders shall remain in force pending inter-partes hearing of the application and that the petitioner to serve the pleading before midday June 9, 2020 for mention for direction on June 15, 2020,” the court orders read in part.
In the application, Mr Guyo is the petitioner, Speaker of the Assembly has been listed as the first respondent, the Nairobi County Assembly the second respondent, Powers and Privileges Committee as the third respondent and the Clerk of theAassembly as the fourth respondent.