Nairobi governor Mike Sonko is exploring all alternatives to block the ongoing impeachment process.
The governor is accusing the Nairobi County Assembly Speaker Benson Mutura for allowing the impeachment motion filed last week to continue.
In a letter dated November 27, Sonko through his lawyer Harrison Kinyanjui, wrote to Mr Mutura urging him to stop the ongoing impeachment process until the case before the Employment and Labour Relations Court is determined.
“By your purporting to process a fresh impeachment Motion against Mike Sonko Mbuvi while these proceedings are pending, you have committed an act of intentional disrespect to these judicial proceedings in breach of Section 36 of the High Court Act, 2015, which constitutes contempt of court,” Mr Kinyanjui wrote in the letter.
During his communication to the House on Thursday last week, Mutura said the impeachment Motion by Imwatok stood suspended because it was not debated within the stipulated two weeks after a notice was given. This paved way for the submition of the fresh ouster Motion by Ogada.
However, Kinyanjui said that speaker had no unilateral power to withdraw the motion by Imwatok except with leave of the County Assembly.
“According to the Nairobi County Assembly standing orders, only the member who gave the notice of impeachment Motion, and not the Speaker, could withdraw it,” the lawyer said.
On March 2, Justice Byram Ongaya directed that the impeachment proceedings be suspended until the matter is heard and determined.
Two days later, the respondents led by the county assembly filed a preliminary objection.
Minority Leader Michael Ogada presented the motion and 86 members of the county assembly signed it.
This coming Friday, Justice Ongaya is expected to give further directions on the first case that was submitted by Governor Sonko.
The Nairobi County boss is expected to appear before the county assembly next week to defend himself against the accusations filed against him.
Thereafter, county assembly members will vote to approve or reject the motion pushing for his removal from office.
By Joy Kyalo
