In his suit papers, Ondieki stated that no reason was given for his dismissal and he was not afforded an opportunity to be heard.
The embattled lawyer further pointed out that he has always been diligent in his duties and the Governor has never complained about his performance.
“The applicant has always performed his duties and responsibilities in a diligent manner and the first respondent (Kidero) has never complained in any way whatsoever about his performance,” the petition stated.
“The 1st respondent’s action of dismissing the applicant is a breach if his legitimate expectation. The respondents are bound by the Constitution to promote, protect and fulfill the values and principals in the Constitution fairness and justice in the discharge of their duties and responsibilities,” it said.
Ondieki now wants the court to reverse his dismissal and prohibit the vacant post from being filled until the matter is heard and determined.
“We are seeking an order of Certiorari to remove to this court and quash the decision of the 1st Respondent to dismiss the Ex-Parte applicant from Nairobi City County as County Executive Committee Member in charge of Environment, Water, energy, Forestry and Natural Resources made on 26th January 2016,” he said.
“We also want an order of Prohibition to stop and/or restrain the 1st Respondent from substantively appointing any other person to the post of County Executive Committee Member in charge of Water, Energy, Forestry, Environment and Natural Resources until this matter is adjudicated.”
He is also seeking to be restored back to his post as the Environment, Water, Energy, Forestry and Natural resources County Executive Committee Member.
“We want such further and other relief that the honorable court may deem just expedient to grant in the best interest of justice in the circumstances of this including but not limited to compensation for damages suffered, payment of CBA loan of Sh2 million, car loan, housing loan and gratuity,” he said.
Kidero sacked his staunch supporter last month and appointed the Urban Renewals and Housing CEC Tom Odongo in an acting capacity to the post.
Ondieki had in July last year been put on the spot after allegations emerged that he was cavorting with Dagoretti South MP Dennis Waweru who is rumoured to be eyeing the governor’s seat in the next elections.
The CEC vehemently denied those allegations, pledging loyalty to his boss while at the same time blaming cartels at City Hall for undermining him because of his hard work.
Ondieki was appointed to the Environment docket in October 2014 after the exit of John Gakuo who fell out with Kidero. Prior to this, Ondieki had served as the county minister in charge of transport.
While in the transport docket, the lawyer by profession had numerous run-ins with different stakeholders, culminating in an impeachment motion in the County Assembly. Kidero had however defended his CEC, decrying a vendetta against his worker.
During the session, the Members of the County Assembly stated that Ondieki did not conduct himself in a manner befitting his office.
It also came after the Transport Executive alleged that some officials at City Hall had information that some MCAs had been bribed to lobby against proposed mass transit buses.
Ondieki had publicly stated that he would not be intimidated by cartels in the matatu industry which were out to undermine plans to introduce a mass transit bus system in the city.