Nairobi MCAS fault court’s re­ver­sal of Elachi sack­ing

Business Daily (Kenya) - - TOP NEWS - Sam Kiplagat skipla­gat@ke.na­tion­media.com

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

Ar­gu­ing be­fore Jus­tice Stephen Ra­dido yes­ter­day, the County Assem­bly through lawyer Tom Ojienda said no ac­tion,

whether civil or crim­i­nal, can be taken against MCAS for car­ry­ing out their man­date. He said the MCAS had a right to choose their leader and 103 of its mem­bers had voted 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 in court Ms Elachi moved to court last week and ob­tained tem­po­rary or­ders stop­ping her im­peach­ment. Through lawyer Har­ri­son Kinyan­jui, Ms Elachi main­tained that she was prop­erly in court which was right in stop­ping the process be­cause the MCAS wanted to get rid of her for po­lit­i­cal ex­pe­di­ency and to have her post filled il­le­gally.

She was ac­cused of abuse of of­fice, invit­ing po­lice of­fi­cers to ar­rest the assem­bly clerk over a pro­cure­ment ten­der, in­flu­enc­ing ten­der for pur­chase of the speaker’s house, use of pub­lic funds to pay for plas­tic surgery, and trav­el­ling on First Class out­side the coun­try con­trary to State re­quire­ments.

Ms Elachi de­fended her­self against al­le­ga­tions that she was be­hind clerk Ja­cob Ng­wele’s trou­bles, say­ing that Ju­bilee MCAS had in the past de­cried high-level graft within the assem­bly.

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