The Labour Court has dismissed an application challenging an order to stop impeachment of Nairobi Governor Mike Sonko
The court also extended stay orders that suspended the impeachment of the governor.
“In conclusion, the primary objection dated and filed on 4.03.2020 for the 2nd respondent (former County Assembly Speaker Beatrice Elachi) is hereby dismissed,” read the court orders.
Justice Byram Ongaya extended the interim orders that were issued on March 2, 2020, to a further date when the case will be mentioned.
The court also ordered Beatrice Elachi to pay the petitioner’s costs of the preliminary objection.
In March, the Labour and Employment court temporarily stopped the impeachment of Governor Sonko unit due process was followed.
The court ordered the county assembly to adhere to the standing orders 67 and 72.
The court suspended the impeachment motion to alter date after Sonko through his lawyer argued that the law was violated.
During the hearing Sonko’s lawyer, Harrison Kinyanjui argued that the case is of utmost urgency as the county assembly was poised to debate a motion by the clerk seeking his impeachment the following day.
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But the application was objected by the county assembly, saying the Labour Court should not be used by the governor to hold a function that is constitution mandate at ransom.
Former Speaker Elachi disagreed with the court citing that it had dispensed with mater of who is the clerk with the board appointing Monica Muthami to replace Jacob Ngwele.
Elachi said that an hoc committee formed by the county assembly last year to look into the issued surrounding the appointment of Ngwele as the clerk determined that he was irregularly appointed.
