Elachi has last laugh as court rules she remains Nairobi speaker

Beseiged Nairobi Speaker Beatrice Elachi has won big after a Labour court  quashed a decision by the county assembly to impeach her.

Employment and Labour Relations Court judge Maureen Onyango declared that  the House committee had no powers or jurisdiction to impeach Elachi without according her due process.

She said the Assembly abused the powers bestowed upon them with impunity. "It is my finding that the conduct of the Nairobi city county assembly board calls for intervention of the court as it deliberately set out to overthrow the protections in its standing orders with the ulterior motive of removing Elachi from office without compliance with constitutional and statutory provisions," said the judge.

The judge said Elachi proved that her rights to a fair administration as well as her right to fair hearing were violated.

"She has demonstrated that the board deliberately set out to unconditionally and unlawfully remove her from office by amending the standing orders to deny her the right to appear and respond to the charges against her," she said.

The court further prohibited the Nairobi City County Assembly from entertaining or debating any motion to remove Elachi without according her due process.  

"I have also nullified the decision of Nairobi city county assembly sitting as a whole committee in purporting to impeach Elachi of her position made on September 6 last year," read the judgement.

Also issued is an order restraining the board from interfering with Elachi's terms of employment.

The Judge further quashed the decision of the county assembly sitting as a whole house committee in purporting to amend the standing orders made on September last year.

Elachi filed the case in court last year after she was impeached. Through lawyer Harrison Kinyanjui, Elachi told court that during her impeachment, she was in Malindi for a devolution seminar presided over by Deputy President William Ruto.