Thirteen Nairobi MCAs have failed to stop the EACC from investigating the scuffle as they tried to remove Speaker Beatrice Elachi from office.
They had impeached her the day before. A court later ordered her reinstatement.
High Court judge John Mativo last Thursday dismissed their application to stop the Ethics and Anti-Corruption Commission from investigating the fracas.
“I find the ex-parte applicants have not established any grounds for this court to grant judicial review orders of prohibition,” the court ruled.
Mativo said the illegality of the [EACC] summons has not been established, nor has it been established that the EACC acted illegally, irrationally or exceeded its powers.
“Provided the EACC acts within its legal mandate, this court will not interfere and the law does not permit MCAs to use immunity as a shield against criminal culpability,” the judge ruled.
He said there was nothing to show the MCAs are disputing the commission’s conduct.
MCAs had argued the EACC should have allowed the matter to be investigated by an assembly committee.
“This court will be acting unconstitutionally if it accepts the invitation to grant orders flying in the face of the clear constitutional provisions that set high standards for the exercise of public power by the state officials and institutions,” Justice Mativo ruled.
He said all state officers and citizens are accountable to the Constitution, thus ensuring accountability and good governance.
“As long as the processes followed by the decision maker (EACC) are proper, and the decision is within the confines of the law, the court will not interfere,” he said.
“An inquiry by the county assembly does not preclude criminal investigations against a member in connection with the matter,” the court said.
dubious trips
The ward reps had argued that the proceedings of the assembly are absolutely privileged, therefore, the EACC had no business questioning their proceedings.
“The fracas, if proved, can result in criminal culpabilities. Hence, it cannot constitute part of the legislative process nor can immunity contemplated under the law be stretched to protect such conduct,” Mativo said.
In September last year, MCAs unanimously teamed up to impeach speaker Beatrice Elachi whom they accused of abuse of office, violating the Constitution and sabotaging assembly operations. She was also accused of inappropriately spending public funds on dubious trips to Dallas and Texas.
She obtained a court order barring the public service board and the county assembly from interfering with her execution of duties.