In Summary
  • According to the assembly, an affidavit in support of the petition by Ms Elachi has been sworn by her personal assistant, Mr James Mwangi.

  • Ms Elachi moved to court last week and obtained temporary orders stopping her impeachment.

Nairobi County Assembly on Tuesday faulted the decision to halt the removal of Speaker Beatrice Elachi, arguing the move amounted to interference with its work.

Arguing before Justice Stephen Radido, the county assembly, through lawyer Tom Ojienda, said no action — whether civil or criminal — can be taken against ward representatives for carrying out their mandate.

He said the MCAs had a right to choose their leader, with 103 members voting to impeach Ms Elachi.

Prof Ojienda added that the matter was a political question and can only be resolved politically and not through a court process.

Further, Prof Ojienda urged the court to strike out the case, saying it was not properly filed.

SWORN AFFIDAVIT

According to the assembly, an affidavit in support of the petition by Ms Elachi has been sworn by her personal assistant, Mr James Mwangi.

"The respondents insist that the dispute can only be resolved politically since she was elected into office and not appointed," Prof Ojienda said.

Through lawyer Harrison Kinyanjui, Ms Elachi maintained she was properly in court and the court was right in stopping the impeachment, saying MCAs wanted to get rid of her for political expediency and to have her post filled illegally.

FAIR HEARING

Ms Elachi moved to court last week and obtained temporary orders stopping her impeachment.

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