Ondieki now asks court to stop MCAs from sacking him
Nairobi Executive Member in charge of transport wants a motion seeking to impeach him declared null and void.
Mr Evans Ondieki said no evidence had been provided to show he committed high crimes, misdemeanours or bribery to warrant his removal.
He said the County Assembly, in passing the motion was not acting in pursuance to its constitutional power, therefore the High Court had the mandate to intervene and uphold the rule of law.
“The harassment by the Assembly is a great threat to devolution and impedes intelligent participation in policy formation and articulation which is the very foundation of democratic government,” said Mr Ondieki.
The Executive, an advocate of the High Court is an interested party in the case filed by two activists who are seeking to stop the impeachment proceedings against him.
Mr Okiya Omtata and Wycliff Gisebe have sued the Speaker of the Assembly, interim clerk, County Assembly and the Ethics and Anti-Corruption Commission.
The activists are seeking for an order to have EACC investigate allegation of bribery and provide a report in court.
According to them the motion to censure and impeach Mr Ondieki is based on frivolous charges.
“The charges as framed in the motion do not show or disclose any gross violation of the Constitution and the law, and do not meet the threshold required to remove a CEC member from office,” read their suit papers.
They claimed the process against Mr Ondieki had been politicised and that if the court did not intervene the MCA’s would “throw the executive member under the bus of impunity”.
The case will he heard before Justice Isaac Lenaola on Monday.