, NAIROBI, Kenya, Mar 6 – Kiambu County Assembly board members have now petitioned the Director of Public Prosecutions (DPP) to open up criminal proceedings against ousted Speaker Nick Ndichu.
In a letter dispatched to the DPP on Thursday, the board says Ndichu should be probed and prosecuted for allegedly spending county funds on a ‘personal’ trip to Brazil under the guise of the Law Society of Kenya.
“The Kiambu County Assembly Service Board therefore wishes to lodge the following complaints against Nick Githinji Ndichu; That he used his office as the Kiambu County Assembly Speaker as then was to use public money for a personal trip to Brazil under the guise of the Law Society of Kenya,” the letter reads.
“This trip had no direct benefit or otherwise to the County Assembly. The said trip was not authorised by the Accounting Officer neither the Kiambu County Assembly Service Board.”
He is accused of having allegedly intimidated accountants to pay for the trip without proper authorisation from the assembly board contrary to the Public Officer Ethics Act.
The board is also accusing Ndichu of single-handedly appointing a law firm to represent his office, yet it had been rejected by the evaluation committee during pre-qualification.
“The said law firm had applied for pre-qualification to provide legal services to the Kiambu County Assembly but was declined by the evaluation committee since it did not present a valid tax compliance certificate,” the board argues.
The letter to the DPP is also copied to the Auditor General Edward Ouko and the Ethics and Anti-Corruption Commission Chairman Mumo Matemu.
Ndichu was ousted last week by Members of the County Assembly over allegations of financial impropriety, but he has since obtained an court order barring the assembly from filling his post until his case is determined.
A case in court challenging his dismissal will be decided on March 14.
Ndichu in his suit papers claimed that he was unlawfully impeached and removed from office on February 25, 2014.
He argues that the move by the County Assembly amounts to public lynching on malicious and unsubstantiated allegations of financial impropriety.
Kiambu County Assembly through lawyer Kibe Mungai has however urged the Industrial Court to dismiss his case on grounds that it has no jurisdiction to hear the matter and he is not an employee of the assembly.
They assembly also argues that his appointment was political.
The County Assembly advertised the Speaker’s position on February 27, 2014.