• The Nairobians have also been urged to submit written memoranda regarding the matter.
• Elachi has also directed the clerk to place a notice in the local dailies of national circulation requesting for the said submissions.
Nairobi Governor Mike Sonko has until Monday at 10.00 am to submit written replies to the allegations raised in the notice of motion on impeachment.
County Assembly Speaker Beatrice Elachi has directed the clerk to serve Sonko with the notice of motion.
At the same time, members of the public have been requested to submit written memoranda regarding the matter.
Elachi has also directed the clerk to place a notice in the local dailies of national circulation requesting for the said submissions.
Last week Makongeni MCA Peter Imwatok tabled a notice to impeach Sonko and accused the governor of a litany of misdeeds, ranging from abuse of office to corruption and violation of the Constitution, which were used as grounds for his removal from office.
At the same time, Elachi revealed that 55 members who appended their signatures in support of the motion have been threatened.
Elachi said she will not shy away from invoking the applicable provisions of the County Assembly Powers and Privileges Act, 2017 in protecting the MCAs.
In the provision of Standing order 243, the clerk was directed not to reveal the names of the MCAs who appended the signature until the matter will be referred to the Senate in case the motion is carried.
The former Senator clarified that the assembly only recommends the impeachment process while the senate serves as the final jury.
“ The senate before taking a decision on impeachment has to investigate allegations raised including summoning witnesses,” Elachi said.
Intimidation and bribery
Speaker Elachi remained the MCAs on the law regarding gross misconduct.
It has been mentioned that as part of lobbying, MCAs have been constantly making visits to Sonko’s Upperhill office.
However, Elachi said that If the MCAs do want to take part in the impeachment and have the numbers they should do what is required by the law.
“Let me remind the house that 2020 is the year where we shall not entertain corruption in this House. It is wrong that some members are making trips to Upper Hill and lie to the Governor while eating his money. Honourable members if indeed you love Governor Sonko do the right thing for him,” Elachi said.
Expectation of events
Explaining the flow of events as quoted in the Standing Orders, Elachi said that the seven days relating to the maturity period of the motion on impeachment refers to the ‘calendar days'.
Standing Order 67 (4) states upon the expiry of seven (7) days, after notice given, the motion shall be placed on the Order Paper and shall be disposed of within three days: Provided that if the County Assembly is not then sitting, the Speaker shall summon the Assembly to meet on and cause the Motion to be considered at that meeting after notice has been given.
“ The motion Shall mature on February 27, 2020, and the Assembly is required to dispense off with the motion within three days following the expiration of the seven days,” she said.
The three days mentioned are sitting days which shall be next week March 3-5.
On the day of debate which will be done on or before the third sitting day, the motion of impeachment shall be considered a special motion.
The mover, who is Minority Chief whip Peter Imwatok will be allowed to move the motion for two hours and given a maximum of 30 minutes while replying.
Other MCAs who will participate in the debate will be given 15 minutes each to give their input .
At the end of the debate, Speaker Elachi having being satisfied that all members intending to contribute have done so, a vote on the motion shall be taken.