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BY NAMULONGO PETER,NAIROBI,1ST DEC,2020-The Employment and Labour Court has temporarily halted Nairobi Governor Mike Sonko’s impeachment.
Justice Nzioki Makau on Tuesday barred the County Assembly from discussing the impeachment motion by MCA Michael Okumu pending inter parties hearing on Thursday.
Makau prohibited the Nairobi County Assembly from deliberating, tabling for debate, putting a vote on the motion by Okumu for the removal of Mike Sonko as the Governor pending the Thursday hearing.
In the case, Sonko has sued the Clerk of the Nairobi Assembly, the Speaker, the County Assembly, MCA Peter Imwatok and Okumu.
According to court documents, over 62 MCAs have sworn affidavits in the case saying they have never appended their signatures to any motion as it is was alleged by Okumu who brought the impeachment motion.
Through lawyer Harrison Kinyanjui, Sonko argues that Justice Byrum Ongaya had already stopped his impeachment in February this year and the order is still in place.
Kinyanjui says on November 26, the Nairobi County Assembly moved to set in a new motion to unlawfully and wholly unconstitutionally impeach the governor notwithstanding that the process had been stopped.
He further claims the impeachment motion by MCA Imwatok has not been withdrawn formally arguing that it’s only the member who gave the notice of who can withdraw it which he has not done.
The County boss alleges that he has not been served with any affidavit affirming the veracity of the allegations contained in the impeachment motion by OKumu as demanded in the standing orders.
He also claims there are not exhibits that have been given to him to support the allegations by Okumu.
“This deliberate withholding of evidential material by the Speaker and MCA Okumu is an express violation of the Article 10 of the constitution promoting the principle of good governance” Sonko argues.
Kinyanjui says the County Assembly has no power to remove Sonko from an elected position using illegal means and avenues.
Last week, a notice of Sonko’s impeachment motion was tabled at the county assembly based on four charges including gross violation of the Constitution and abuse of office.