Meru MCAs are facing a new headache as a woman, Irah Kanana Nkuubi, has threatened to sue the County Assembly over alleged defamatory remarks in an impeachment motion against Governor Kawira Mwangaza.
In a strongly-worded letter, Kanana’s lawyers, Sitati M Nasambu and Company Advocates, accused the MCAs of making “unfounded, strange, and devoid of any factual basis” allegations against her.
The motion, tabled by nominated MCA Zipporah Kinya, claims that Kanana was irregularly appointed as County Attorney without proper vetting and approval from the County Assembly.
But Kanana has denied the allegations, insisting that she has never been appointed or employed as County Attorney.
“The allegations in the motion are meant to ruin my good reputation as an advocate and bring disrepute to a public officer who has served the County Government of Meru for over 10 years with integrity and diligence,” she said in the letter.
Kanana pointed out that she is actually employed as a Deputy County Solicitor under the Meru County Public Service Board and that any documents submitted as evidence only show her role as an Advocate of the High Court serving in the County.
“These documents were drawn under the Office of the County Attorney, but I was performing my duties as an officer in that office and not as County Attorney,” she noted.
The letter further stated that the allegations are meant to malign Kanana’s name and reputation, and if the MCAs fail to withdraw and drop the allegations, she will take legal action.
The move comes as supporters of Governor Kawira Mwangaza have accused the MCAs of plotting to unseat her for political gain.
The impeachment motion is seen as a major challenge to the Governor’s leadership, and Kanana’s threat to sue could add fuel to the fire.
The MCAs will now have to decide whether to amend the motion or face a potential lawsuit.
However, according to Part Three Section Eight of the County Assemblies Powers and Privileges Act, the MCAs have freedom of speech and debate and no civil proceedings may be instituted in any court or tribunal against them for a matter said in any debate, petition, motion or proceedings of a county assembly.
The act also gives the County Assembly immunity against legal proceedings.
“No civil or criminal proceedings shall be instituted against any Member for words spoken before, or written in a report to a county assembly or a Committee, or by reason of any matter or thing brought by him or her therein by a report, petition, Bill, resolution, motion or other document written to a county assembly,” Part three section eleven of the act states
