Embattled speaker Beatrice Elachi's fight with MCAs appears to be far from over with the ward representatives planning to appeal a court ruling that quashed her impeachment.
Elachi was impeached on September 6 last year. But Employment and Labour Court judge Pauline Onyango overturned the impeachment last week.
MCAs cited gross misconduct and abuse of office for the impeachment. The court stopped the ward reps from impeaching Elachi in future.
Majority leader Abdi Guyo on Sunday told the Star they county assembly has instructed lawyer Tom Ojienda to appeal the ruling.
“We feel the ruling was not fair and it came with many conditions that gag us from performing our roles as the assembly,” Guyo said.
The appeal is likely to delay Elachi’s return to office.
Sources said the MCAs, currently on recess, were planning to convene a special sitting to once again pass a vote of no confidence against Elachi. Guyo, however, said he was not aware of the plan.
Last week, Elachi called for a truce, saying squabbles have affected the functioning of the assembly and services.
The former nominated senator said she was away in the Democratic Republic of Congo and could not comment on the developments.
Sources close to Elachi said she has been reaching out to influential politicians, including ODM leader Raila Odinga to prevail upon the MCAs to allow her back.
Last week, Raila reportedly called Governor Mike Sonko to appeal to Jubilee MCAs to let Elachi resume work. Jubilee MCAs are the majority.
Justice Onyango's order directed the County Assembly Public Service Board not to interfere with Elachi's terms of employment. The order means her salaries that had been stopped will be reinstated and backdated. She will also start enjoying all the privileges that come with the office.
Like Guyo, Minority leader Elias Otieno and Minority chief whip Peter Imwatok criticised the ruling. They said MCAs will not accept Elachi back.
“We are the people who employed Elachi and we have said we don’t want her. The court cannot force an employee on an employer. We don’t want her,” Guyo said.
Otieno said Elachi remains a stranger and outsider who should not set foot in the county assembly precincts.
“Some 103 members voted against her. That is a clear vote of no confidence against her. Who does she want to work with or lead? We already voted her out and that cannot change,” Otieno said.
Imwatok said the position of the speaker is political and that issues arising from it can only be resolved politically and not through the court.
“Elachi should go in another direction either to demand her damages but not come back as our speaker. Her impeachment was done in accordance with the law, so we cannot work in retrospect,” he said.
