, NAIROBI, Kenya, Sep 13 – Thirteen Members of Nairobi County Assembly are in court to stop the Ethics and Anti-Corruption Commission (EACC) from summoning them over Monday’s bid to eject Speaker Beatrice Elachi from office.
Under a certificate of urgency, the MCAs want the summons issued Tuesday blocked pending determination of the suit.
Through lawyer Tom Ojienda, the MCAs have impugned the move accusing the EACC of acting in violation of their legitimate expectations.
According to them, “the anti-graft watchdog’s move is an outright disregard of the County Assemblies Powers and Privileges Act”.
The MCAs are supposed to appear before the EACC Thursday afternoon.
They have defended their action explaining that the act of impeaching the Speaker is strictly protected under the County Assemblies Powers and Privileges Act.
This, they say, was lawful as it was done during the performance of the members’ legislative duties.
If the summonses are not stopped, the MCAs argue they are going to be subjected to a fundamentally flawed criminal investigations process.
Also sought is an order prohibiting EACC from probing them over participation in the impeachment of Elachi.
EACC summoned the applicants over the way they conducted themselves while purporting to eject Elachi from office.