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

The Star (Kenya) - - Counties - JILLO KADIDA @jka­dida

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.

/COLLINS KWEYU

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

Newspapers in English

Newspapers from Kenya

© PressReader. All rights reserved.