Embattled Tana River County Assembly speaker Michael Justin Nkaduda has got reprieve after the Employment and Labour Relations Court in Mombasa quashed his impeachment of April 2021.
Nkaduda who was impeached by Members of County Assembly on allegation of gross misconduct, also got Sh. 2.5 million in general damages for violation of his rights and the County Assembly ordered to pay his salaries.
In the ruling delivered on 29th July 2022 in Mombasa, Judge Bernard Manani termed the impeachment process null and void saying that it was not finalized through publication of a gazette notice.
“The process initiated on 21st April 2021 by respondents leading to the formation of ad hoc committee to investigate the petitioner and the subsequent report generated by the ad hoc committee dated 4th May 2021 as well as the decision the 1st respondent adopting the motion to impeach the petitioner be and is hereby declared null and void,” read the judge.
Judge Manani said that since the impeachment did not follow the law and the process stalled midway, Nkaduda was free to access his office without a court order.
“The impeachment stalled midstream as it was not finalized through publication of a gazette notice and as a result the petitioner never lost his position. This being the position, he does not require an order of reinstatement into an office that he never lost in law. Under section 11(1) a) of County Government Act, a sitting speaker remains in office until the new County Assembly first meets after an election. Therefore, the petitioner remains in office until after the elections of 9th August 2022 and the first meeting of the 1st respondent,” he said.
Mr. Nkaduda had sued the County assembly, the county assembly clerk, MCAs Mohamed Buya Musa, Galole Saddam Hussein and Abdi Ergamso Gobu.
Addressing journalists at his home in Hola town, Nkaduda said that he was sacrificed by MCAs for their greed and political reasons.
“I thank the courts for allowing me to go back to my office and I will get all my salary. Residents are urging me to go for the speaker’s post after the MCAs have been sworn in but I am weighing my options,” he said.
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