Intrigues in Elachi impeachment saga as court deals blow
Nairobi County Assembly suffered a blow after a judge dismissed their objection seeking to strike out a suit filed by impeached speaker Beatrice Elachi.
Justice Stephen Radido instead extended interim orders issued on September 6 issued by Justice Maureen Onyango.
The court further declined to uphold the objections by the County Assembly and ordered that the same be dismissed.
“The court further directs that the parties appear before Justice Maureen Onyango with a view of taking directions,”court directed.
According to Justice Radido, it is likely that the legal questions posed through objections may be directly implicated in the main petition.
“The danger of the court hearing the substantive dispute coming to a different conclusion is real,” he said on Friday.
The court noted that the objections by the county Assembly are an attempt to suppress the hearing process adding that concerned parties in the matter must be given an opportunity to bring forth all the attendant facts and law.
In the main application, Elachi argues that her impeachment was not merely a political process but a legal question under the constitution adding that her removal was tainted with illegalities.
The Nairobi County Assembly had moved to court to have the orders vacated saying that the conservatory issued are unlawful, abuse of court process and an err in law.
The assembly further argued that the court failed to take into considerations the principle of separation of powers.
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