The Employment and Labour Relations Court has barred the Nairobi County Assembly from executing the impeachment motion against Governor Mike Sonko.
Justice Nzioki wa Makau, while ruling on a petition filed by the governor, issued conservatory orders prohibiting the speaker of the assembly, MCAs and all respondents concerned from deliberating, debating, tabling for debate or voting on the motion.
The petition filed by Governor Sonko, through his lawyer Harrison Kinyanjui, will be heard on Thursday, December 3rd, 2020.
The order has also been copied to the Senate speaker Ken Lusaka and Nairobi County Assembly minority whip Peter Imwatok.
The speaker of the assembly has also been prohibited from presiding over any plenary session for debating the impeachment motion.
In his petition, the Governor asked the court to invoke sections 12 and 74 of the Employment and Labor Relations Court Act which gives it injunction powers.
The Governor argued that his rights had been violated as per Article 23(3) of the Constitution of Kenya.
He accused the assembly of ignoring directions given by the same court on 23rd October 2020.
“The court was satisfied that the motion does not meet the legal thresholds and minimum constitutional requirements. It is unfortunate that the assembly has trivialized the impeachment of the person of a governor to such a low threshold,” Kinyanjui said.
This comes a day after over 90 MCAs vowed to shoot down the impeachment motion scheduled for Thursday.
They said claims that 86 out of 122 Nairobi MCAs had signed the impeachment motion were untrue.
Led by Kayole South MCA Fredrick Okeyo, nominated MCA Silvia Museiya and Waithaka MCA Anthony Karanja, the county legislators said they are fully behind the Governor.
They said Sonko is being victimized for raising serious concerns in regards to the Deed of Transfer of functions.
