Win for Elachi as court dismisses MCAs' objections
What you need to know:
Justice Stephen Radido dismissed objections raised by the Assembly, including the jurisdiction of the court to hear the case.
The MCAs, through lawyer Tom Ojienda, argued that the court lacked jurisdiction to quash the outcome of the MCAs's case at the preliminary stage, so the orders issued were unlawful.
Nairobi County Assembly Speaker Beatrice Elachi jumped the first hurdle on Friday when the Employment court dismissed objections by MCAs as she fights to keep her job.
Justice Stephen Radido dismissed objections raised by the Assembly, including the jurisdiction of the court to hear the case.
CASE FILING
Ms Elachi rushed to court on September 6 and obtained orders stopping the MCAs from removing her as the Speaker and picking a nominee for the position.
Justice Maureen Onyango further barred the MCAs from interfering with the execution of her duties, pending the determination of the case.
The MCAs, through lawyer Tom Ojienda, argued that the court lacked jurisdiction to quash the outcome of their case at the preliminary stage, saying the orders issued were unlawful.
Prof Ojienda further said the matter is primarily political so the court cannot interfere with such a decision because it might hinder the orderly conduct of the constitutional and statutory functions of other organs of the government.
It was his argument that the orders stopping Ms Elachi’s removal amounted to reinstating her to the position before the case is determined.
But Judge Radido said the case was rightly filed before the Employment and Labour Relations Court and that all the legal points raised by ward representatives should be addressed during the hearing of the case.
He dismissed all the objections saying it is better for the main case to be expedited and the matters raised addressed by the judge who first heard the case.
ELACHI'S ARGUMENTS
Justice Radido directed that the case be placed before Justice Onyango for further directions on September 17.
Through lawyer Harrison Kinyanjui, Ms Elachi noted that during her impeachment, she was in Malindi for a devolution seminar presided over by Deputy President William Ruto.
While she was away, she said, the Assembly purported to summon her to a committee of the whole house.
The MCAs voted her out, accusing her of abuse of office, gross misconduct and undermining the authority of the Country Assembly Board. They also cited conflict of interest.
But Elachi has argued that she has never been informed or given sufficient reasons for her impeachment.
She has said in the course of her execution of duties, relevant to standing orders, complaints have never been raised against, whether with the Ethics and Anti-Corruption Commission (EACC) or any other body.
The court extended orders stopping her removal.
