The court has ordered Nairobi County Assembly Clerk Jacob Ngwele to temporarily withdraw from his position pending the hearing and determination of his case.
The ruling was made by Justice Maureen Onyango of the Labour Relations Court also directed Deputy Clerk Adah Onyango to take over the functions of the office pending judgment of Ngwele's case set for October.
Ngwele is the current Clerk of the assembly given the controversy the position had attracted, the court viewed that Ngwele must step aside until the case is concluded.
“In the meantime, Muvengei Jacob Ngwele to step aside until determination of the petition. The Deputy Clerk currently in office will take over the functions of the Clerk until the petition is determined” the court ruled.
The ruling comes barely two weeks after another court order suspended the appointment of Edward Gichana for the same position.
Gichana was appointed by Nairobi County Assembly Speaker Beatrice Elachi to take up the position of Ngwele who was serving a suspension then.
Ngwele then moved to court challenging the appointment of the Gichana.
The court also removed Majority Leader Abdi Guyo, Maurice Gari, Mark Ndung’u, ODM and Jubilee parties as interested parties in the case. The court no longer deems them necessary for the determination of the case.
Justice Onyango who is presiding over Ngweles case said in his ruling that there is no vacancy in the office of the Clerk until the case is determined.
“Petition 71 of 2020 is stayed as it seeks to fill the position of the Clerk of Nairobi County Assembly which is not vacant and which will be resolved by the determination of this petition,” Judge Onyango ruled.
The ruling of the case will bring an end to feud between Speaker Elachi and Ngwele.
The court's decision will come as a relief to Speaker Beatrice Elachi who has been feuding with Ngwele.
Her appointment of Gichana was suspended by a court decision that saw Ngwele make a return to the assembly after nine months of absence.
City Hall which is now under tight police protection has witnessed days of chaos and protests as MCAs allied to the Governor Mike Sonko tried to serve the speaker with a notice of impeachment.