GOVERNOR'S UNENDING WOES

First Sonko impeachment notice was withdrawn for flouting rules

The Employment and Labour Relations Court stopped the process, calling for due process

In Summary

• A motion for removal of the Governor from office is a special motion in accordance with Standing Order 49

• Speaker Mutura noted that MCA Imwatok failed to meet the specific timelines laid out in the orders, therefore making his motion stand withdrawn.

Nairobi county assembly speaker Benson Mutura on November 26, 2020.
Nairobi county assembly speaker Benson Mutura on November 26, 2020.
Image: EZEKIEL AMING'A

Failure to observe timelines by Minority Whip Peter Imwatok led to the withdrawal of Governor Mike Sonko’s first impeachment notice of motion.

County Assembly Speaker Benson Mutura on Thursday clarified that a motion for removal of the governor from office is a special motion in accordance with the Nairobi City County Assembly Standing Order 49.

In February, Imwatok issued a notice to impeach Sonko, citing a litany of misdeeds, ranging from abuse of office to corruption and violation of the Constitution.

On March 2, however, the Employment and Labour Relations Court stopped the impeachment, calling for due process. Justice Byrum Ongaya directed the county assembly to adhere to standing orders 67 and 72, which have to do with the verification by a substantive clerk of the signatures collected.

Speaker Mutura informed the house that in March, then-speaker Beatrice Elachi undertook to give further directions on the motion whose notice had been issued by Imwatok.

"In this regard, I wish to clarify that a motion for removal of the governor from office is a special motion in accordance with Standing Order 49,” he said.

The Standing Order says a notice of motion shall be at the speaker's disposal within seven days of receipt of notice from a member.

Such a motion is disposed of by the assembly within three-sitting days upon the notice. Standing Order 49(3) provides that if a proposer of a special motion fails to observe the timelines prescribed, such a notice is deemed to have been withdrawn and cannot be moved during the same session, except with consent of the speaker.

Giving his directions, speaker Mutura noted that MCA Imwatok had failed to meet the specific timelines laid out in the orders, therefore making his motion stand withdrawn.

"I hereby clarify that the motion by the member on the removal of the Governor from office stands withdrawn in accordance with the Standing Orders. It is so directed,” Mutura.

The speaker read his communication and gave direction before Minority leader Michael Ogada tabled a new notice of motion to impeach Governor Sonko.

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