Employment and Labour relations court has extended orders suspending impeachment of Nairobi County Speaker Beatrice Elachi pending hearing and determination challenging her impeachment.
This Nairobi County Assembly sought review of the conservatory order issued in favor of embattled speaker Beatrice Elachi.
The county through lawyer Professor Tom Ojienda, told the court that there was no proper petition before under which issued the order barring her impeachment.
He said given that the applicant did not follow proper procedure in filing a case against her impeachment, the order so issued ought to be vacated.
“Elachi removal was caused by 102 MCAs against two who voted in her support, the assembly members have expressed their disatification and approved allegations leveled against her” the lawyer said.
Prof Ojienda told Justice Stephen Radido, that the application before the court is not merited since the applicant Elachi did not even swear the affidavit in support of notice of motion
The affidavit is sworn by her personal assistant who is an employee of the county e stopped from engaging in matters touching on politics.
On Friday, court barred the assembly from debating Elachi removal from the office as Nairobi City County Speaker.
The court further restrained Nairobi City County Assembly and Nairobi City County Public Service Board from interfering with speakers execution of her office duties as speaker.
Elachi moved to court through lawyer Harrison Kinyanjui seeking to stop members of Nairobi City County Assembly from removing her as Nairobi County Speaker.
On Monday, the besieged Speaker turned up for work following a court order but was ejected during confrontation in which police had to lob teargas to restore order at City Hall.
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.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via firstname.lastname@example.org