Nairobi Speaker Beatrice Elachi has listed 42 reasons why MCAs were wrong in impeaching her last week.
In her petition filed at the High Court seeking to overturn last Thursday’s impeachment, she argues that her removal is political.
She was reinstated pending a hearing on Tuesday.
Elachi claimed the assembly wants to get rid of her for political expediency and to have her post filled illegally. She says she was not accorded a fair hearing and an opportunity to be heard.
Elachi argues that she read about her pending impeachment in the Star newspaper, contrary to the law which requires that she ought to have been officially notified.
She states that at the time of the purported impeachment, she was attending a devolution seminar presided over by Deputy President William Ruto in Malindi.
“By a memo dated September 4, the acting clerk to the county assembly was notified of this travel and approval given to her to attend the meeting,” says Elachi through lawyer Harrison Kinyanjui.
However, Elachi says in a letter dated September 6, the county assembly purported to summon her to a committee of the whole house on the same date at 3.10pm and the letter was delivered to her chamber at 1.30pm the same day.
The assembly impeached Elachi, levelling claims of abuse of office, gross misconduct, conflict of interest and undermining the authority of the country assembly board.
But Elachi says she has never been reasonably informed or otherwise given sufficient reasons in good time for her impeachment.
She said in the course of her duties, she has never had any complaints against her raised with the EACC or any other body.
Elachi wants a declaration that the county assembly, sitting as a whole house committee, in purporting to impeach her constitutes a breach of her constitutional rights.
“Declaration do issue that the purported committee of the house convening on September 6, the county assembly had no powers to constitute offices in the Nairobi city county assembly service board or appoint any person in lieu of my absence due process,” she says.
Elachi seeks orders to have the
County Service Board restrained from interfering with the terms of her employment in consequence of her unlawful impeachment.