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City MCAs want court to throw away Elachi’s bid to resume office

Nairobi County Assembly wants a case filed by ousted Speaker Beatrice Elachi dismissed, saying they are protected by the Powers and Privileges Act.

Arguing before the Employment court on Monday, the Assembly said the Act protects MCAs as they conduct House business.

They further argued that the court has no jurisdiction to hear the matter, because Ms Elachi’s removal is not an employment issue.

The acting Clerk of the Assembly Nancy Mutai and acting Speaker Chege Mwaura have filed an application raising objections on contempt proceedings.

NO DENIED ENTRY

The MCAs and Ms Mutai, however, said no one has denied Ms Elachi entry as she was free to go to her office whenever she wants.

On her part, Ms Elachi, through lawyer Harrison Kinyanjui, wants Prof Tom Ojienda, who has filed an affidavit on behalf of the Assembly, to be cross-examined over the statement.

He said the rules prohibits an advocate from appearing as a witness and a counsel in the same case.

However, the application was opposed by lawyer Muthomi Thiankolu for the Assembly, saying it was “unnecessarily dramatic”.

Justice Maureen Onyango directed all parties to file their submissions ahead of the October 16 mention. She extended the orders barring Ms Elachi’s removal.