The High Court has temporarily stopped the impeachment motion against the Nairobi county governor Mike Mbuvi Sonko
This follows an order issued by justice Nzioka Wa Makau of Employment and Labour Relations Court on Tuesday, December 1 suspending Members of County Assembly (MCA’s) from discussing the impeachment motion following a pending cases filled by Sonko
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“It is hereby ordered that the application be certified urgent and that conservatory orders be granted in terms of prayer 3 pending hearing of the motion on December 3, 2020,” read the order delivered virtually.
The respondents in the case were Nairobi County Assembly Speaker Benson Mutura and Clerk Edward Gichana as stated by Justice Nzioka saying they should be served immediately
This comes after Sonko’s lawyer, Harrison Kinyanjui to court on Monday, November 30 on a certificate of urgency demanding for halt in the motion untill their petition filled in February is heard.
A week ago, the governor’s lawyer allegedly said the speaker is disrespecting the court by starting a fresh ouster stating that it is clear another motion by Peter Imwotik is present in court
The lawyer also added that Justice Byram Onganya stop a preliminary objection to the appeal giving way to the said petition
“The Petition is pending determination and constitutes a live proceeding within Nairobi County Assembly Standing Order 49(3)(c) ….and you are fully aware that the matter is scheduled before the court on December 3, 2020. Indisputably, these are live proceedings,” Pointed Kinyanjui.
Nairobi County Assembly Speaker Benson Mutura argued that the motion by Imwotik was since dismissed after it lacked the prescribed timeline
“Accordingly, now that Imwatok failed to meet the timelines prescribed, I hereby clarify that the motion by the member, on the removal of the governor from office, stands withdrawn in accordance with Standing Order 49(3),” said Mutura.
The governor’s lawyer responding to Mutura, said that as per Standing Order 55(2), Imwotikis the only person to withdraw his February ouster motion
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“Standing Order 55(2) dictates that a special motion can be withdrawn except with leave of the assembly. You therefore have no unilateral power to withdraw the motion dated February 20, 2020 mounted by Mr Imwatok,” said Kinyanjui.
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