MCAs ask court to suspend EACC summonses on Elachi

Thursday September 13 2018

Thirteen members of the Nairobi County Assembly have moved to court to challenge summonses by the anti-corruption agency on Speaker Beatrice Elachi's impeachment.

The MCAs were to appear before the Ethics and Anti-Corruption Commission (EACC) at 2pm on Thursday to answer questions on matters including unethical conduct.


The ward representatives went to court claiming the EACC has allowed itself to be used to violate their rights to freely participate in legislative proceedings at the assembly.

They have accused the commission of abusing its mandate by harassing and intimidating them, contrary to the dictates of public interest.

"From the on-goings, it is clear that MCAs have established a prima facie case against the EACC for investigations on participating in the assembly's proceedings, in violation of the Powers and Privileges Act," said their lawyer Tom Ojienda.


"Unless the summonses are suspended, the MCAs are going to be subjected to a fundamentally flawed criminal investigation process."

Ms Elachi was impeached on September 6 while the EACC issued the summonses on Tuesday.

The MCAs want the High Court to temporarily quash the summonses and the anti-graft body barred from investigating them.


The ward representatives did not honour the commission's summonses on Wednesday, Majority Leader Abdi Guyo saying they will appear after their retreat in Mombasa County.

Mr Guyo noted that they will face the EACC investigators but that they will not nbow to intimidation.

Those summoned include Mr Guyo, Minority Leader and Kileleshwa MCA Elias Otieno, Minority Whip Peter Imwatok, Waithaka MCA Anthony Kiragu who moved the impeachment motion, Ngando's Peter Wahinya and Nominated MCA Mary Njambi.

Others are Leah Supuko, Doris Ngoyo, Ruth Mainigi, Nancy Maole, Grace Muthami, Susan Kavaya and Laura Mwololo.