Nairobi County assembly asks court to lift orders on Speaker Beatrice Elachi
SEE ALSO :Raila stops ODM members ousterProf Ojienda also argued that the court did not have powers to stop impeachment. According to the senior lawyer, the court could only intervene after Elachi was kicked out. “The court had no powers to intervene within the process of the assembly. The Assembly is an independent body whose decisions can only be challenged at the tail end of the process,” he argued. The lawyer cited Embu Governor Martin Wambora’s case, which the Supreme Court declared that he had been properly impeached by the assembly as it maintained independence from control by Judiciary. The lawyer observed that the majority of Members of County Assembly had spoken adding that their voice could not be challenged before a court of law. “We cannot judicialise politics,” he argued. Lawyer Ojienda also argued that Elachi was properly impeached as the orders of the court halting the process were served a day after a majority MCAs decided that she should leave office.
SEE ALSO :Ward reps push for suckling centresAt least 103 MCAs voted in favour of impeachment against two who objected. In reply, Elachi’s lawyer Harrison Kinyanjui said that she could not have sworn an affidavit as she was attending a devolution conference in Malindi. The county, according to lawyer Kinyajui required her to come to Nairobi within hours which was impossible. “There was a handicap in terms of location. She was attending a confrerence the same time she was required to attend impeachment,” lawyer Kinyajui argued. According to Kinyanjui, the removal of a speaker is not a political process but a legal one. He said that court was justified to intervene.