Disgruntled City MCA’s who ejected Speaker Beatrice Elachi out of City Hall have been dealt a big blow.
The MCA’s impeached Elachi in 2018 and blocked her from accessing City Hall.
She went to court and obtained a court order reinstating her.
However, MCA’s blocked her from office and voted in Ngara MCA Chege Mwaura as the acting Speaker.
Unless they blatantly disregard the law and violate the constitution as they have always done- the MCA’s – it seems have finally been cornered and beaten at their own game.
On Wednesday morning, Elahi bounced back at City Hall, went to his office and later in the afternoon presided over the Assembly.
There being no quorum since there were running battles at City Hall, she adjourned the Assembly SINE DIE.
According to Wikipedia:
Adjournment sine die (from the Latin “without day”) means “without assigning a day for a further meeting or hearing”. To adjourn an assembly sine die is to adjourn it for an indefinite period. A legislative body adjourns sine die when it adjourns without appointing a day on which to appear or assemble again.
Elachi used standing number 1 to suspend the Assembly.
According to standing order number 1:
In cases not provided for, the Speaker to decide 1. (1) In all cases where matters are not expressly provided for by these Standing Orders or by other Orders of the County Assembly, any procedural question shall be decided by the Speaker. (2) The decisions made in paragraph (1) shall be based on the Constitution of Kenya, statute law and the usages, forms, precedents, customs, procedures and traditions of the County Assembly of Kenya and other jurisdictions to the extent that these are applicable to Kenya.
A Clerk assistant at the Nairobi City County Assembly told Hot News that the suspension has caught many reps off-guard.
“Any one who attempts to preside over the session and is not the Speaker will be committing a crime. That will be contempt of court. Ngara MCA who has been the acting Speaker has been dealt a big blow since he will not preside over any sessions,” the Clerk Assistant told Hot News.
He said the date for the next sittings must be communicated through a gazette notice by the Speaker.
Clerk Jacob Ngwele could not be reached for comment since he is away in India on a trip.
High Political drama before the suspension of the sittings
During the day of Drama at the Nairobi City County Assembly, Majority Leader Abdi Guyo and a few MCA’s tried in vain to block Elachi from accessing the House.
Elachi said it’s Guyo who threw teargas in her office and fired twice in the air during the scuffle.
Elachi said the ICT officers refused to switch on the Hansard during the House Business.
“The ICT guys have decided to leave their civil service jobs and get involved in politics by switching off power and the Hansard. They will face the law,” she warned.
Elachi said the Assembly will be forced to recruit a competent and genuine clerk.