High court has dismissed a preliminary objection by former Nairobi county speaker Beatrice Elachi’s challenging an order stopping impeachment of Governor Mike Sonko.
In his ruling, employment and labour relations judge Byram Ongaya also extended orders issued stopping an attempt to impeach the Governor pending the hearing and determination of the petition.
“In conclusion the preliminary objection application dated and filed on 4th March 2020 by the Elachi is hereby dismissed,”ordered Justice Ongaya.
The judge found that by entertaining the Governor’s petition is not intruding in the political realm of things.
The court further found that the Governor needs not wait for his right and fundamental freedoms to violated and there after move the court but he is entitled to arrest the alleged threatened violation as is purportedly done in the instant petition.
Elachi moved to court to challenge the order claiming that the labour court did not have the jurisdiction to hear Sonko’s petition
Justice Ongaya ruled that the court has jurisdictions to hear and determine the matter and that by hearing the cases is not undermining the delicate balance on institutional comity between the three arms of government and the supervising the work of parliament of county assembly.
“The court considers that the Governor’s is based on Article 236(b) and therefore he was entitled to invoke the court’s jurisdiction,” ruled the judge.