Elachi loses bid to impeach Governor Sonko
Friday, October 23rd, 2020
- Employment and Labour Relations court Justice Byram Ongaya dismissed Elachi's preliminary objection challenging a court order that stopped the impeachment of the Governor.
Former Nairobi County Speaker Beatrice Elachi has suffered a major setback after losing a bid to challenge orders that stopped the impeachment of Nairobi Governor Mike Sonko.
Employment and Labour Relations court Justice Byram Ongaya dismissed Elachi's preliminary objection challenging a court order stopping the impeachment of the Governor.
"In conclusion the preliminary objection application dated and filed on March 4,2020 by Elachi is hereby dismissed,"ordered Justice Byram Ongaya
In his ruling, Justice Ongaya ordered Elachi to pay the cost of the dismissed application.
The court also extended orders issued stopping an attempt to impeach Sonko pending the hearing and determination of his petition.
While dismissing the former Nairobi Speaker's application the court found that the governor needs not wait for his right and fundamental freedoms to violated and there after move the court but he is entitled to arrest the alleged threatened violation as is purportedly done in the instant petition.
"The court considers that the Governor's is based on Article 236(b) and therefor he was entitled to invoke the court's jurisdiction.
Justice Ongaya ruled that the court has jurisdictions to hear and determine the matter and that by hearing the cases is not undermining the delicate balance on institutional comity between the three arms of government and the supervising the work of Parliament of County Assembly.
He further found that by entertaining sonko's petition is not thereby intruding in the political realm of things.
Elachi had moved to court purporting that the Labour court did not have the jurisdiction to hear the governor's petition challenging the alleged impeachment.
Additional reporting by Njange Maina