We will reject Elachi again, MCAs tell court

Employment and Labour Relations Court on Monday ruled in favour of Beatrice Elachi. (Standard)

A showdown is looming at the Nairobi County Assembly after MCAs vowed to reject Beatrice Elachi despite a court ruling that overturned her ouster and reinstated her as the Assembly Speaker.

On Monday, the Employment and Labour Relations Court ruled in favour of Elachi in a case she had filed against the Assembly last year following her impeachment.

Justice Maureen Onyango cited massive flaws when the MCAs sacked Elachi last year and dismissed the Assembly’s argument that the court has no powers to meddle in legislative process of Parliaments.

MCAs have however now vowed not to let Elachi step foot within the Assembly precincts saying that according to them, she was a stranger.

Majority leader Abdi Guyo told The Standard that the members had lost faith in Ms. Elachi as a leader and said that the ward representatives were not willing to work with her.

“In as much as we respect the court ruling, it cannot force an employee on an employer. We are the people that employed her and our decision to impeach her was final,” stated Guyo.

Guyo reiterated that their decision to ‘fire’ Elachi was final and allowing her back would only amount to the Assembly acting in retrospect. He further urged Elachi to get a job elsewhere pointing out that she was doing a remarkable job under the Building Bridges Initiative.

“We already have an acting Speaker who is Chege Mwaura and he is doing a commendable job. Once the dust settles we will confirm him as a Speaker through the right process,” added Guyo.

Minority Leader Elias Otieno said Elachi had proven that she was not willing to work with the members for the greater good of city residents.

Otieno who described Elachi as a ‘stranger’ said she did not have the goodwill of members and as such they would replace her with someone who was more receptive to the members’ needs.

“If 103 members including those from the opposition voted against her and only two voted for her then that was undeniably a vote of no confidence. Tell me then how she can come back to lead the same people that do not want her,” posed Otieno.

Minority chief whip Peter Imwatok faulted the court for reinstating Elachi, saying that it went against its own precedent that a court ruling cannot overturn the procedure of the Assembly.

He further emphasised that the situation leading to Elachi’s ouster at the city assembly was a political one and could only be solved politically but not through the courts.

“Elachi should explore other options such as demanding for her damages but not seeking to be reinstated as our Speaker,” observed Imwatok.

“Elachi is not our Speaker, she has gone through the back door to try and find her way back to the assembly but we will not allow it.”

Speaker Beatrice Elachi was impeached in September last year over alleged abuse of office.

A motion tabled by Waithaka MCA Anthony Kiragu listed various violations of the law leading to her ouster, such as conflict of interest, undermining the authority of the County Assembly service board, abuse of office, gross misconduct as well as failure to show leadership.