@DailyNation

Win for Elachi as court dismisses MCAs' objections

2 months ago, 14 Sep 17:38

By: Sam Kiplagat

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.

Ms Elachi says her woes stem from issues of benchmarking, tenders and investigations.


Read More


Category: counties news topnews

Suggested

8 hours ago, 11:02
@DailyNation - By: Charles Lwanga
Election of Ganze MP Teddy Mwambire upheld

Judge rules petitioner's application lacks merit. ...

Category: topnews news counties
9 hours ago, 10:29
@DailyNation - By: Mohamed Ahmed
Puzzle of 200 containers of bad maize seized in Mombasa

Source says owner has been trying to sneak grains into the market by luring millers with throw away prices. ...

Category: topnews news counties
1 day ago, 18:18
@DailyNation - By: Grace Gitau
Mwai Kibaki celebrates 87th birthday

Kenyans take social media to wish Mr Kibaki a happy birthday, highlighting his major achievements as president. ...

Category: topnews news counties
1 day ago, 18:04
@DailyNation - By: Ndungu Gachane
Detectives probe signature forgery claim against Muwasco MD

MD summoned after Macharia reported that his signature had been forged by the water firm ...

Category: counties news topnews
1 day ago, 15:31
@DailyNation - By: Winnie Atieno
Mombasa MCAs seek to ban night clubs in residential areas

Popular nightclubs in Mombasa are likely to lose their licenses following the ban. ...

Category: topnews news counties
1 day ago, 13:33
@DailyNation - By: Ndungu Gachane
Murang'a woman divorces husband of 56 years

She accuses the man of neglecting her and taking a second wife. ...

Category: topnews news counties

@DailyNation

Win for Elachi as court dismisses MCAs' objections

2 months ago, 14 Sep 17:38

By: Sam Kiplagat

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.

Ms Elachi says her woes stem from issues of benchmarking, tenders and investigations.


Read More

Category: counties news topnews

Suggested

8 hours ago, 11:02
@DailyNation - By: Charles Lwanga
Election of Ganze MP Teddy Mwambire upheld

Judge rules petitioner's application lacks merit. ...

Category: topnews news counties
9 hours ago, 10:29
@DailyNation - By: Mohamed Ahmed
Puzzle of 200 containers of bad maize seized in Mombasa

Source says owner has been trying to sneak grains into the market by luring millers with throw away prices. ...

Category: topnews news counties
1 day ago, 18:18
@DailyNation - By: Grace Gitau
Mwai Kibaki celebrates 87th birthday

Kenyans take social media to wish Mr Kibaki a happy birthday, highlighting his major achievements as president. ...

Category: topnews news counties
1 day ago, 18:04
@DailyNation - By: Ndungu Gachane
Detectives probe signature forgery claim against Muwasco MD

MD summoned after Macharia reported that his signature had been forged by the water firm ...

Category: counties news topnews
1 day ago, 15:31
@DailyNation - By: Winnie Atieno
Mombasa MCAs seek to ban night clubs in residential areas

Popular nightclubs in Mombasa are likely to lose their licenses following the ban. ...

Category: topnews news counties
1 day ago, 13:33
@DailyNation - By: Ndungu Gachane
Murang'a woman divorces husband of 56 years

She accuses the man of neglecting her and taking a second wife. ...

Category: topnews news counties
Our App