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Ex-MCA files petition to remove Sakaja over gross misconduct

Ex-MCA files petition to remove Sakaja over gross misconduct
Land rate defaults drain Nairobi's revenue, Sakaja warns. PHOTO/Sakaja X
In Summary

In his petition, Ochar argues that the Nairobi County Assembly has the authority to initiate the impeachment process under Standing Order 213, once the matter is subjected to public participation.

A fresh petition seeking the removal of Nairobi Governor Johnson Sakaja from office has been launched, two-and-a-half years after he was elected as the county’s third governor.

The new effort is being led by former Korogocho MCA Maxwell Ochar, who on Monday, June 30, filed a petition at the Office of the County Assembly Clerk accusing the governor of gross misconduct and abuse of office.

In his petition, Ochar argues that the Nairobi County Assembly has the authority to initiate the impeachment process under Standing Order 213, once the matter is subjected to public participation. He pointed out that leadership and integrity demand public officers to be held accountable for their actions and decisions.

“Section 181(i) and (c) of the Constitution of Kenya 2010, along with Section 33 of the County Government Act 2012 and Standing Order 68 of Nairobi County Assembly outlines the grounds for a county governor’s impeachment,” Ochar said.

He accused Sakaja of failing to carry out his responsibilities in a professional, transparent, and accountable manner. “Sakaja has violated the oath of office, breached the Constitution, abused his position, and his conduct is unacceptable,” Ochar said, urging the Assembly to begin the process of impeachment.

Ochar cited Article 181 (1) and (b) of the Constitution, Section 33 of the County Government Act, and Standing Order No. 68 as the legal foundation of his petition. He also referenced the anti-Finance Bill protests held in Nairobi on June 17, claiming the governor hired groups to intimidate and harass peaceful demonstrators in an effort to silence dissent.

The former MCA further accused the governor of disobeying Gazette Notice No. 2728 of 2019, which waived rent arrears owed to Nairobi County before April 30, 2019.

He claimed that Sakaja falsely stated that some tenants owed over 15 years in rent, despite the legal limit being only 74 months after the waiver.

According to the petitioner, this violated Section 12 of the Interpretation and General Provisions Act and Article 73(1) of the Constitution on integrity in public office.

The petition also alleged that criminal gangs, with the help of certain county staff, were forcefully evicting residents from county houses and land without obtaining court orders, contrary to Section 152B of the Land Act.

Under the charge of gross misconduct, Ochar accused the governor of making irregular appointments, including hiring an unqualified acting County Secretary and failing to provide employment opportunities to persons with disabilities.

He said these appointments compromised the integrity of county operations, especially in key departments such as security.

“The matters in this petition are not pending before any court or legal body, and we pray that the Honourable Nairobi City County Assembly removes the governor by impeachment based on the above grounds,” he stated.

Responding to the petition, Nairobi County Assembly Speaker Kennedy Ngondi said the process must be backed with proper documentation and evidence to move forward.

“It must be well-supported with enough evidence because issues like the recent claims of goons hired to disrupt demonstrations in Nairobi are difficult to prove,” Ngondi stated.

Minority Leader Anthony Kiragu added that any resident is allowed to submit such a petition, but it must follow proper format and procedures. “If it meets that, then the standing orders are clear—it will be sent to the relevant committee for consideration,” he explained.

Deputy Minority Leader Waithera Chege echoed this, noting that while the public can initiate a petition, the actual impeachment motion must be tabled and moved by a sitting member of the Assembly.

“But for the impeachment motion to begin, it must be introduced and moved by a sitting member. That’s very clear,” said the Nairobi South MCA.

This is the second time an attempt has been made to remove Sakaja from office. In 2024, the late Joel Munuve, then MCA for Kariobangi North, had begun collecting signatures to oust the governor, but the process did not proceed to the floor of the Assembly.

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