This archive report was first published on 6 August 2020.
Beatrice Elachi, the embattled Nairobi County Assembly Speaker, is facing a tough battle to stay in office. A group of 77 ward representatives have signed a motion to impeach her, citing abuse of office, corruption, and poor leadership among other allegations.
However, the motion may not proceed due to several hurdles. Elachi has suspended plenary sittings until September, just a day after being notified of the impeachment motion. She claims that the current environment at the assembly cannot allow for virtual sittings, citing attempts by some ward representatives and 'goons' to disrupt the sittings.
Waithera Chege, the mover of the impeachment motion, however, says that Elachi has no powers to suspend the House since she is suspended from her duties. According to section 11(6) of the County Governments (Amendment) Act, 2020, the Speaker shall not perform any of the functions of the Office of the Speaker pending the resolution of the county assembly.
But Elachi maintains that she invoked Assembly Standing Order No 1, which gives her the liberty to adjourn the House in special circumstances. The problem is that there are two clerks - Jacob Ngwele and Edward Gichana - who have both been suspended from performing their duties by court order pending determination of a case before the Employment Labour and Relations court.
Currently, the deputy clerk in charge of administrative affairs Pauline Akuku, a close ally of Elachi, has taken over. Akuku has maintained that her office has never received any notice of motion for the removal of Elachi. She also claims that the notice of impeachment motion letter containing the grounds of Elachi's dismissal by Ngwele was written on letterheads phased out by the assembly, thus it borders on forgery.
The final hurdle for the pro-impeachment MCAs is who will chair the impeachment sessions. Acting Speaker? According to the County Government's Act, once notified of the ouster motion, the Speaker should step aside pending the resolution of the county assembly and the Deputy Speaker takes over. But both Speaker Elachi and her deputy Kamangu are facing ouster, meaning that a member of the Speaker's panel should sit in and preside over the plenary.
