The Appellate Court has reinstated Edward Gichana as Nairobi county government clerk.
In a ruling made today by Judges Roselyn Nambuye, Masagha Mbagholi and Imaana Laibuta, the appeal had no merit.
“The appeal is hereby dismissed. The judgment and decree of the Employment and Labor Relations Court by magistrate Maureen Onyango delivered on October 2020 in ELRC NO. 194 of 2019 be and is hereby upheld; each party shall bear their own cost of the appeal,” the court ruled.
Addressing the media after the Judgment, Gichana said he is ready to ensure transition in the county after the August 9 polls.
He extended gratitude to the county assembly speaker Benson Mutura for standing with him all that period when the case was proceeding.
“I want to thank the members and leaders of the assembly starting with the speaker for standing with me all along. I also extend my gratitude to the members of staff. As you know we are in the election year, we will ensure we organize a smooth transition to ensure that all the staff clear well,” Gichana stated.
Gichana was asked to step aside on June 4, 2021, by the Court of Appeal until when the case which had been filed by former Clerk Jacob Ngwele is heard and determined.
Ngwele had been asked to pay the NCA salaries and allowances that he had earned since 2014 because his appointment was irregular.
The employment and labour relations court had ruled that he was illegally in office "…he employed himself.”
Ngwele’s tenure was rocked with fists and fights and constant bickering between him and the Members of the County Assembly.
A handover is expected next week by the current acting Clerk Gavin Castrol who has been acting since last year after he took over from Addah Anyango who was the Acting Clerk when Gichana was injected.