Nairobi News


Elachi disowns consent order in case on her removal from office

By Joseph Ndunda October 31st, 2019 2 min read

Beleaguered Nairobi County Assembly speaker Beatrice Elachi on Wednesday obtained court orders to set aside an agreement which she supposedly entered to vacate office until a case seeking her removal is heard and determined.

Elachi moved to court, through her lawyer, claiming she did not appoint the advocates who represented her in the said suit where she is purported to have agreed to exit office pending the hearing of the impeachment petition.

She said her constitutional rights to move freely within the country have been curtailed by the consent order obtained on her behalf “without her knowledge”.

She was sued by Joy Muranji who sought her removal from the office and was represented by Musyoki Mogaka and Company Advocates in the proceedings where they reportedly entered into the consent.

The consent order meant Elachi had voluntarily agreed to leave her office as county speaker until the petition is heard and determined but she claims she only learnt of the consent order on October 29 when it was served on her.

Through lawyer Harrison Kinyanjui, she denied knowledge of the lawyers who represented in the said suit.

Elachi said the order has totally curtailed her from discharging her duties as the speaker of the city assembly.

In documents filed in court, she said she has never appointed, instructed or interacted with the said advocates.

“No meeting as between [Elachi] or communication of whatever kind has been passed between her and the said advocates permitting such purported representation of her by the law firm,” Kinyanjui said in the suit.

“No authority was ever given to the advocates to defend or otherwise participate in any aspect herein on behalf of Elachi,” the suit papers read.

“Effectively, the ‘Consent Order’ of October 29 obtained through apparent collusion of the advocates without process was calculated at an oblique removal of [Beatrice Elachi] through advocates masquerading as their representatives.”

Elachi further questioned the secretive manner in which it was obtained, saying it was meant to defeat justice.

“Accordingly, and lacking such legal foundation, of the proceedings, documents, or process for ought to be struck out of court records and expunged from the court records,” she stated in her petition.

Justice James Makau set aside the order entered which meant Elachi would have been out of office beginning Wednesday.