BY SAM ALFAN.
A Judge has stopped an impeachment motion against Nairobi Governor Mike Mbuvi Sonko.
Justice Nzioka Makau of the Employment and Labour Relations Court barred the city MCAs from impeaching Sonko, pending the determination of his petition.
“A conservatory order is hereby issued barring Nairobi City County Assembly from impeaching Governor Mike Mbuvi Sonko pending hearing and determination of the case,” ordered Makau.
Through Lawyer Harrison Kinyanjui, Sonko moved to court seeking to stop the motion brought by Michael Ogada.
He told the court that on February 28, 2020 by the Justice Byram Ogaya, stopped another impeachment process lodged by Peter Imwatok, another MCA and the said process was stopped pending the hearing of the case.
He added that the said injunctive conservatory orders are still in place to date, even as confirmed by the ruling of the Justice Ongaya once again issued on October 23, when he dismissed with costs a Preliminary Objection on the court’s Jurisdiction.
Mr Kinyanjui said the subsisting impeachment motion by Imwatok has not been withdrawn (which is not possible in the circumstances obtaining, granted the operative sub judice Rule) and at any rate Standing Order No. 55(1) of the Nairobi City County Assembly Standing Orders stipulates that it is the Member who gave the notice who can withdraw it.
Moreover, since it was a special motion at the time it was lodged on February 20, Standing Order No. 55(2) of the Nairobi City County Standing Orders dictates that it cannot be withdrawn except with leave of the County Assembly. No such leave has been secured or obtained, he said.
“Accordingly, the Petitioner is entitled to the full determination of his Petition (now sought to be Amended as sought herein) under Article 50(1) of the Constitution of Kenya, and the protection of the Law as provided in Article 27(1) of the Constitution of Kenya,” he said.
In the intervening period, Sonko said the MCAs have failed to abide by the directions, orders, and terms of the Court’s schedule in hearing and fully determining the petition, by failing to file any replies, affidavits or any pleadings.
“Instead, the 1st, 2nd and 3rd Respondents did on this November 2, move to set in motion a renewed, unlawful, and wholly unconstitutional impeachment process of the Petitioner as the Nairobi City County Governor, notwithstanding that the impugned impeachment Motion by the Respondent herein dated February 21, remains pending, and adjudicated before the 3rdRespondent County Assembly for determination, and at any rate before this Court in the pending Petition,” he submitted.
