Robert Alai moves to court to overturn decision to remove him from two committees

Two members of the Nairobi County Assembly have move to the High Court seeking an order to set aside a decision to reconstitute the membership of two committees on which they sit.

Robert Alai and Redson Otieno Onyango have challenged the move to change the membership of the Nairobi City County Select Committee and the Water and Sanitation Committee, saying it was politically motivated.

Mr Alai, who is a member of the Select Committee, and Mr Onyango are the chairmen of the Water and Sanitation Committee.

They are contesting their removal from the two committees on the grounds that they have not completed their three-year terms.

In the case, filed under a certificate of urgency, the two MCAs claim that the move to change the membership of the two committees is politically motivated.

They say they received a communication from Patrick Karani, who they claim has no legal mandate to communicate on the membership of the two committees.

In the case, the two applicants - Alai and Onyango - have named the Nairobi County Assembly Speaker and the Nairobi County Assembly as respondents, while Patrick Karani and 23 others have been named as interested parties.

Alai and Onyango represent Kileleshwa and Ngei wards respectively. They allege that on April 17, 2024, the Speaker issued a communication entitled "Reconstitution of Committees" by which he unlawfully, unprocedurally and prematurely ordered the the reconstitution of the Public Accounts Committee and the Water and Sanitation of which the applicants are a member and chairman.

Alai and Onyango say the said notice and purported decision to reconstitute the Committees is further illegal as it contravenes the express provisions of Standing Orders 168(2), 169(1), 171 and 172 of the Standing Orders on the nomination, criteria for nomination and approval of members of the Committees.

Alai and Onyango contend, "It is therefore imperative that this court intervenes by granting the reliefs sought to avert further acts of illegality and abuse of power by the respondents".

The case now awaits directions from the court on whether or not to stay the notice to reconstitute the members of the two committees.