by Bernice Mbugua
Employment and Labour Relations has ordered the Nairobi County Assembly to comply with orders allowing embattled Speaker Beatrice Elachi back to office.
The Assembly risks not having audience with the Labour Relations court should it continue defying its orders.
Elachi’s lawyer, Harrison Kinyanjui said his client’s office has been closed making it hard for her to access it.
Following the standoff, the court directed Kinyanjui to file a report with the deputy registrar by today evening confirming whether the County Assembly has complied with the orders.
Elachi was impeached on September 6 by MCAs for allegedly causing ‘great embarrassment’ to the Assembly.
She obtained court orders barring the Ward Reps from removing her from office.
The MCAs filed a preliminary objection seeking to strike out her suit claiming the court had no jurisdiction to hear it as legitimate constitutional process was undertaken in her impeachment.
Their application was dismissed by Justice Stephen Radido who ruled that the issues they raised in their objection should have been raised during the hearing of the petition and not through the avenue of preliminary objections.
The judge had also noted that the court, as a legal and constitutional body, has 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,” he had said.
In her suit, Elachi claims that she was not given sufficient notice or an opportunity to respond to the allegations leveled against her.