• One faction will be collecting votes on Monday for an impeachment motion. The other faction, including Elachi, says it will wait for party instructions.
• Only Elachi herself can sell the special sitting required to debate and impeach Sonko. But se's waitng for Jubilee higher-ups for instructions.
Image: EZEKIEL AMINGA
The Nairobi County Assembly is divided over the planned impeachment of Governor Mike Sonko, charged with Sh357 million theft from Nairobians through myriad schemes.
A special sitting is required to discuss the status of the county. The MCAs are also planning to impeach the governor.
If the Senate approves the MCAs impeachment motion, then Speaker Beatrice Elachi takes over for 60 days until a by-election.
The new leaders who have been preaching ‘peace’ seem to be reading from different scripts.
On one side is Jubilee’s leadership and Speaker Elachi; on the other are ODM lawmakers, former Jubilee leadership together with allied MCAs.
Impeachment plans have been all the talk since the court last Wednesday barred Sonko from accessing his office, without guards, so as not to tamper with evidence or intimidate junior staff.
There is no deputy governor; Sonko has not appointed one, so there’s a leadership vacuum.
Since then, legislators have at least held three meetings to discuss the crisis, how to end it and bring stability.
The pro-impeachment MCAs insist that Nairobi is in auto pilot mode, with no deputy, county accounts frozen and a governor who is barred from office.
Minority Chief Whip Peter Imwatok said that the legislators cannot be part of Sonko’s woes and the crisis at Nairobi should be addressed by the house where many lawmakers have pledged to impeach him.
“We will not pamper the Governor like a baby and let Nairobi sink just to make him happy. If impeaching him will pave way for stability in Nairobi let it be so,” he said.
Imwatok who is also Makongeni MCA said this week it will not be business as usual and before party leaders President Uhuru Kenyatta and Raila Odinga pronounce themselves, MCAs will not sit back and watch Nairobi burn.
Embakasi ward representative Michael Ogada said he will personally collect impeachment signatures on Monday from both sides of the house.
“There are only two options. It’s either we send Sonko home or the county gets suspended, which means fresh elections. We cannot go home because of someone else’s sins — that is why we have no solution but to impeach,” he said.
The other side lead by the current Jubilee leadership said they are waiting for the party’s stand to give a way forward on the issue.
Deputy Majority leader Millicent Mugadi said that they act only upon instructions from the party.
“It looks like Nasa legislators have gone ahead but for us, we are waiting on what our party will direct us to do because Sonko is a Jubilee Governor. We are also waiting on the Attorney General to interpret the matter so that we do not violate the law,” she said.
Speaker Elachi maintained that there is no vacancy in the Office of the Governor despite Sonko being barred from accessing his office.
Elachi says there is no cause for alarm as the governor has everything in order, including having approved his 2019-2020 financial budge and calling upon people to be patient as they await the direction from the Attorney General.
Last week on Wednesday, Elachi adjourned the third assembly session until February next year and said she was waiting for an advisory opinion from the AG and relevant bodies.
“This situation is unique, hence, it is important that we wait for the way forward, but the assembly will proceed for recess as we wait for a special sitting pursuant to provisions of Standing Order No 30 should the need arise,” she said.
SPECIAL SITTING REQUESTED
A letter has already been drafted and submitted to Speaker Elachi requesting a special sitting this week to discussing ending the crisis.
Imwatok has said the collection of signatures for a censure motion will begin Monday.
“The special sitting letter is before the Speaker and it will be in good faith that she approves so we proceed in discussing the state of the county,” he said.
However, Elachi might come to the rescue of Governor Sonko and decline to gazette a Special Sitting.
According to Standing Order 30 ( 1 ), the Speaker on the request of the Leader of the Majority Party or Minority may appoint a day for a special sitting of the County Assembly.
It reads that if the Speaker is satisfied that the proposed business relates to any urgent and exceptional business, he or she through a Kenya or County Gazette shall notify members of the place, date and time appointed for the special sitting of the County Assembly.
However, the newly joined forces of both ODM and Jubilee MCAs, inclusive of the former Jubilee leadership, argue that it is not the prerogative of the speaker to accept or decline a request for special sitting as the same is contained in the Standing Orders.
(Edited by V. Grahan)