Court declines MCAs bid to dismiss Elachi petition

The Employment and Labour Relations court has declined to strike out the petition filed by impeached Nairobi County Assembly Speaker Beatrice Elachi.

Justice Stephen Radido dismissed the preliminary objections filed by the Nairobi MCAs saying they should be raised during the hearing of the petition and not through preliminary objections.

The MCAs wanted the court to strike out Elachi’s application claiming the court had no jurisdiction to hear the petition, saying her impeachment was a legitimate constitutional process.

However in his ruling, Justice Radido said that Elachi’s application was admitted as an originating process after being satisfied with the factual scenario of the case.

“The court issued the conservatory orders under the objection only after appreciating the circumstances obtained on September 6, the exercise of that judicial discretion cannot appropriately be challenged through a notice of preliminary objection,” said the Judge.

He noted that the court as a legal and constitutional body had the competence to pronounce itself on the compliance of a legislative body, with the process prescribed for the passing of legislation.

“The court should conduct a methodical and conscientious inquiry to satisfy itself that the Assembly was being faithful to the Constitution design and scheme,” said the Judge.

The Judge extended orders barring the Members of the County Assembly from removing her from Office.

Elachi was impeached on September 6 by the MCAs for allegedly causing causing ‘great embarrassment’ to the County Assembly.

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