EACC shouldn’t probe us over Kidero’s motion, say 13 MCAs
Say the law protects them against any criminal case arising from their actions within the assembly or anything arising out of assembly proceedings
Thirteen Nairobi MCAs have sued the anti-graft agency to stop investigations against them, saying they enjoy immunity.
The MCAs were to be investigated over their conduct during the tabling of a motion to impeach Governor Evans Kidero on September 29.
They want to stop the Ethics and Anti-Corruption Commission from initiating any investigations or prosecuting them.
Also sought is an order to quash the notices EACC issued them to appear before the comission to record statements.
The MCAs are Alexina Moody, Catherine Opiyo, Daniel Oria, Elizabeth Manyala, Florence Atembo, Gari Maurice, Joyce Bocha, Ken Ngondi, Peter Imwatok, Peter Owera, Rose Kula, Tabitha Ndigirigi and Wilfred Odallo. IMMUNITY They believe the notices were issued in bad faith and should not be allowed to stand. The MCAs argue that the notices violate the standing orders.
The standing orders establish the Powers and Privileges Committee, which has the mandate to deal with any misconduct by an MCA.
“The notices and the decision by the second respondent [EACC] to investigate the ex-parte applicants [MCAs] go contrary to these express provisions of the law and should be quashed to the extent that they are attacking and seeking to undermine the place of the Nairobi assembly as a principal oversight institution,” the suit papers read.
The MCAs said under the law, they are protected against any criminal case arising from their actions within the assembly or anything arising out of assembly proceedings.
They want the EACC to respect the assembly’s immunity. The MCAs believe the EACC’s decision to investigate them is an affront to the doctrine of separation of powers and independence of the assembly.
Nairobi MCAs who wanted to grab the speaker’s mace argue with their opponents at City Hall before the tabling of a motion to impeach Governor Evans Kidero on October 4