Nairobi assembly Speaker caught up in UDA House leadership wrangles

Nairobi County Assembly Speaker Kennedy Ng’ondi faces a litmus test over plans by the United Democrat Alliance (UDA) to change House leadership.

A section of UDA ward reps in the House resolved to eject Minority Leader Anthony Kiragu (Waithaka Ward) and Minority Whip Mark Mugambi (Umoja 1).

The differences started in October 2023, when a faction held a meeting and resolved to replace  Kiragu and Mugambi.

The group picked Nairobi South MCA Waithera Chege as the Minority Leader and Githurai's Deonysias Mwangi as the Deputy Minority Leader.

Others appointed by the party were Joyce Muthoni as the Minority Whip and Mwaura Samora, as the Deputy Minority Whip.

At the time, 35 out of 52 UDA Ward Reps appended their signatures on a petition to change the assembly leadership.

For a long time, Kiragu and Mugambi have been perceived as allies of Governor Johnson Sakaja.

The MCAs in their petition to the party accused the two of failing to offer direction and leadership to UDA members on critical legislative matters.

But Kiragu and Mugambi protested the petition at the UDA headquarters claiming that the signatures were forged before they moved to court.

In late 2023 the court ordered the party to solve the matter through internal mechanisms.

The UDA Internal Dispute Resolution Committee comprising seven members resolved that the removal of the two MCAs from leadership positions was procedural.

“It is the finding of the tribunal that the appointment to the office of the interested parties was procedural and lawful as it conformed with the provision of the standing orders,” their ruling dated April 19, 2024 reads in part.

”The removal of the complainants from their respective leadership positions of the county assembly of Nairobi was procedural,” ruled the committee.

But the Speaker failed to announce the UDA House leadership changes over claims that due process was not followed.

In his communication to the House, Ngondi sought to understand who is the lawful authority to make and communicate the decision to replace the Minority leadership.

Ngondi admitted that he received another letter from the Deputy Minority leader dated April 20, 2024 requesting him to effect the changes but sought to establish if the law had been followed.

Among other observations, the Speaker told the House that he had noted a number of issues in conflict with the procedure to remove the House leaders.

“Article 3 of the Constitution obligates the Speaker to uphold, defend and respect the Constitution,” he said.

“Therefore, when a process which affects the rights of members, the Speaker cannot ignore and fail to act in the blindness of the express requirements of the provisions of the Constitution that I have cited."

In his ruling Ngondi noted among other issues that there was evidence that sufficient notice was issued to the embattled leaders.

At the same time, he said that there was no evidence to show that there was actual voting on the resolution to remove the two UDA House leaders.

However, a section of MCAs led by South B’s Waithera Chege who was proposed as Minority Leader have accused Speaker Ng’ondi of being unfair and meddling with UDA affairs.

“This is corruption fighting back, this Speaker will go down in history as the worst in all the county. The Speaker is not acting as a referee as he is supposed to be,” Waithera lamented.

“He has taken sides, he has confirmed that he wants to be a member of UDA but we will not welcome him. He is supposed to be neutral. We will bring a substantive motion to discuss the character of the Speaker,” she added.

The Speaker downplayed the claims saying he was acting within the law. “My ruling was based on procedure,” he told The Standard.

Meanwhile, Mugambi and Kiragu have insisted that they are legally in office as Minority Leader and Minority Whip respectively.

“The Standing Orders of this House have taken precedence of an anarchy and illegality that had been perpetuated by some of our colleagues but we are here to stay until the members of UDA in this assembly decide to follow the law,” Kiragu said.