BY SAM ALFAN.
A bid by Nairobi County Assembly speaker Beatrice Elachi to terminate the two cases challenging decision to reinstate her as the speaker has hit a snag.
In a ruling, Court of Appeal judges Martha Koome, Hannah Okwengu and Jamila Mohamed declined the withdrawal the case lodged by MCAs Elachi, saying there was conflict of representation.
It emerged Elachi had hijacked the process by hiring independent lawyers to appear for the county assembly without authority.
Judges and lawyers were shocked when they were informed Elachi wrote to the registrar of the court of appeal, withdrawing the case.
Elachi had not served other lawyers with the letter, a move that forced Judge Martha Koome to read it to advocates present.
In the letter dated March 2,2020, Elachi wrote to withdraw the case claiming that normalcy had returned to the assembly..
“We refer to the above referenced case files and wish to inform you that the Nairobi County Assembly service board is no longer interested in pursuing the matter and at its sitting held on February 25,2020, resolved to withdraw the case with no order as to cost. This is because the assembly has since returned to normalcy and the speaker of the assembly has resumed her duties”, claimed Elachi in her letter.
Elachi used minutes of February 25 and resolution to withdraw the appeal on her impeachment. According to the minutes in a meeting she chaired, those present Maurice Gari, Fatuma Affey and Willis Okello. However, she did not tell the court that Gari had been barred by the political parties’ tribunal as a member of the service board.
The Tribunal suspended the implementation of the decision made by Orange Democratic Party to the speaker dated October 16, 2019 and appointment of Gari through a gazette notice dated October 22, 2019 pending the determination of the case.
Lawyer Muthomi Thiankolu appearing for the Nairobi City County Assembly board opposed lawyer Ashioya from presenting the board stating that the person purporting to be representing the Assembly, the acting clerk Monica Muthami was barred by employment and labour relations court from assuming office.
