NAIROBI, Kenya, Oct 8 – The Nairobi County Assembly is seeking a review of the conservatory order issued in favour of embattled Speaker Beatrice Elachi, allowing her to remain in office.
The Assembly through lawyer Steve Mogaka told Justice Maureen Onyango that Elachi was elected by Members of the County Assembly (MCAs) who later voted her out of office.
Mogaka stated that the Employment and Labour Relation court has nothing do with matters arising from the Assembly and that the application by Elachi is not anchored in law.
He further explained that the order obtained by Elachi has not been served upon the Assembly and even if it was, it cannot be enforced.
He observed that since Elachi did not follow proper procedure in filing the case against her impeachment, the order issued should be vacated.
“Elachi’s removal was by 103 MCAs against two who voted in her support. The Assembly members have expressed their dissatisfaction and approved allegations levelled against her,” he argued.
Mogaka told Justice Onyango that the application before the court is not merited since Elachi did not even swear an affidavit in support of her notice of motion.
He stated that the affidavit was sworn by her personal assistant who is an employee of the county.
Elachi is accused of contravening the County Assembly Powers and Privileges Act,2017 when she unilaterally allowed police officers not attached to the Assembly to arrest several staff without consulting the board.
Through lawyer Harrison Kinyanjui, she obtained orders prohibiting the Assembly from appointing a new nominee to the office.
The court also barred the County Assembly Service Board from interfering with the execution of her duties as the Nairobi County Assembly Speaker.
The judge directed parties in the case to file their responses to Assembly’s preliminary objection and the matter be mentioned on October 12, 2018 for further directions.