• Last week, a notice of Sonko's impeachment motion was tabled at the county assembly based on four charges including gross violation of the Constitution and abuse of office.
• However, Sonko accused "State House cartels" who want to control the city through the Nairobi Metropolitan Services of being behind that budget.
Image: EZEKIEL AMINGA
The Employment and Labour Court has temporarily halted Nairobi Governor Mike Sonko's impeachment.
Justice Nzioki Makau on Tuesday barred the County Assembly from discussing the impeachment motion by MCA Michael Okumu pending inter parties hearing on Thursday.
Makau prohibited the Nairobi County Assembly from deliberating, tabling for debate, putting a vote on the motion by Okumu for the removal of Mike Sonko as the Governor pending the Thursday hearing.
In the case, Sonko has sued the Clerk of the Nairobi Assembly, the Speaker, the County Assembly, MCA Peter Imwatok and Okumu.
According to court documents, over 62 MCAs have sworn affidavits in the case saying they have never appended their signatures to any motion as it is was alleged by Okumu who brought the impeachment motion.
Through lawyer Harrison Kinyanjui, Sonko argues that Justice Byrum Ongaya had already stopped his impeachment in February this year and the order is still in place.
Kinyanjui says on November 26, the Nairobi County Assembly moved to set in a new motion to unlawfully and wholly unconstitutionally impeach the governor notwithstanding that the process had been stopped.
He further claims the impeachment motion by MCA Imwatok has not been withdrawn formally arguing that it’s only the member who gave the notice of who can withdraw it which he has not done.
The County boss alleges that he has not been served with any affidavit affirming the veracity of the allegations contained in the impeachment motion by OKumu as demanded in the standing orders.
He also claims there are not exhibits that have been given to him to support the allegations by Okumu.
“This deliberate withholding of evidential material by the Speaker and MCA Okumu is an express violation of the Article 10 of the constitution promoting the principle of good governance” Sonko argues.
Kinyanjui says the County Assembly has no power to remove Sonko from an elected position using illegal means and avenues.
Last week, a notice of Sonko's impeachment motion was tabled at the county assembly based on four charges including gross violation of the Constitution and abuse of office.
His refusal to assent to the Sh37.5 billion Nairobi City County Appropriation Bill, 2020 that gives Sh27.3 billion to NMS is said to be among the main reasons for the bid to remove him from the helm of City Hall.
However, Sonko accused "State House cartels" who want to control the city through the Nairobi Metropolitan Services of being behind that budget.
He maintains that the budget should have been initiated by his executive.
This is the second time Sonko is facing impeachment after a court saved him last February.
On Monday, Nairobi MCAs allied to urged President Uhuru Kenyatta and ODM leader Raila Odinga to mediate in the row between the governor and the NMS.
The MCAs spoke after a meeting between Sonko and a team led by nominated MCA Silvia Museiya was disrupted by police.
The MCAs who were drawn from both ODM and Jubilee Party were opposed to an impeachment motion tabled before the assembly last week.
Police who were armed with tear gas canisters and guns stormed the private residence at Riverside and ordered the MCAs to leave.