Nairobi County Assembly has suffered a major blow after a judge dismissed their objection seeking to strike out a suit filed by embattled Nairobi speaker Beatrice Elachi.
The court further declined to uphold the objections by County Assembly and ordered that the same be dismissed.
“The court therefore declines to uphold the objections and orders that the same dismissed” ruled Judge Radido.
Justice Stephen Radido instead extended interim orders issued on 6th of September issued by high court Principal Judge (PJ)/Justice Maureen Onyango.
“The ex parte interim orders issued on 6 September 2018 are extended until the appearance before Onyango PJ” ruled Judge Radido.
“The court further directs that the parties appear before Justice Maureen Onyango with a view of taking directions,”court directed.
Justice Stephen Radido in his 30 pages ruling said that there is real likelihood that the legal questions posed through objections may be directly implicates in the main petition.
“This court is of the view because there is a real likelihood that the legal questions posed through such objection may be directly implicated in the substantive proceedings and the danger of the court hearing the substantive dispute coming to a different conclusion Is real” said the judge.
It was argued that whether the national (privileges and immunities) read to include the County Assemblies Powers and privileges Act meets the test of Article 24 of the Constitution in so far court was urged not to intervene in Parliamentary process before conclusion of the process.
While dismissing the Assemblies objection the court noted that the objections by the county Assembly are attempt to suppress the hearing process adding that concerned parties in the matter must be given an opportunity to bring fourth all the attendant facts and law.
“It is the view of this court that challenging interlocutory proceedings where orders have been issued ex parties through notices of preliminary objection (s) should be the exception rather than the norm” observed Radido.
The court last week restrained Nairobi City County Assembly and Nairobi City County Public Service Board from interfering with speakers execution of her office duties as speaker.
The court further restrained Nairobi City County Assembly and Nairobi City County Public Service Board from interfering with speakers execution of her office duties as speaker.
Elachi moved to court through lawyer Harrison Kinyanjui seeking to stop members of Nairobi City County Assembly from removing her as Nairobi County Speaker.
The speaker also sought the court to bar the county assembly from appointing any new nominee for approval by the assembly for appointment to the office of the county speaker , Nairobi City County Assembly whether in a temporary ot in acting capacity.
She also petitioned the court to block any decision to impeach her.
