High Court Judge Byrum Ongaya has issued orders stopping Governor Sonko’s impeachment.
The impeachment was being fronted by Makongeni MCA Peter Imwatok.
Through Lawyer Harrison Kinyanjui, the Governor went to court on Monday seeking conservatory orders to prohibit the Assembly from proceeding with the impeachment.
“Proposed motion by Peter Imwatok for impeachment of Sonko as scheduled for tomorrow or adjourned to another date shall not proceed except to strict compliance of standing orders number 67 and 72,” the Judge said.
“This is a Kangaroo process. No man should be condemned unheard. If you allow this sham process to proceed it will prejudice my client,” Kinyanjui said.
The respondents (Clerk and Speaker of Nairobi County Assembly, Nairobi City County Assembly and Makongeni MCA Peter Imwatok ) raised an issue of jurisdiction.
In a swift rejoinder, Kinyanjui said the court has jurisdiction to handle the matter.
He said they had also not been given exhibits that form the basis of the impeachment.
The County Assembly however objected to the application by Sonko.
The Assembly said the Employment and Labor relations court where the matter has been filed should not be used by Sonko to hold a function that is constitutionally mandated at ransom.
“There’s no employer- employee relationship between Sonko and Nairobi City County Assembly for it to issue orders being sought. This is not the proper forum to bring this kind of petition. This is an employment and labor relations court,” the Assembly said.
The Assembly says Sonko has not brought any evidence to demonstrate that he is an employee of the five respondents as listed in his case.