Nairobi governor Mike Sonko is not going down without a fight after ward representatives tabled yet another impeachment motion.
Through his lawyer, Harrison Kinyanjui, Sonko has accused county assembly speaker Benson Mutura of contempt of court for allowing Michael Ogada to table the motion.
According to Sonko, the speaker should not have suspended the previous motion that was tabled by Makongeni MCA Peter Imwatok since the matter is already in court.
“By your purporting to process a fresh impeachment Motion against Mike Sonko Mbuvi while these proceedings are pending, you have committed an act of intentional disrespect to these judicial proceedings in breach of Section 36 of the High Court Act, 2015, which constitutes contempt of court,” the lawyer said in a letter dated November 27.
Mr Kinyanjui added: “Since you have submitted yourself to the authority of the High Court in the cited petition as the forums convenes to inquire into the legality of the purported impeachment Motion by Imwatok, the rule of subjudice equally binds you not to do any act that constitutes a breach of the High Court’s administration of justice as you have now done by means of this fresh Motion by Michael Ogada over the purported impeachment of the Governor.”
Last week, Mutura suspended Imwatok’s motion as it was not debated within the stipulated two weeks, paving way for minority leader, Ogada’s motion.
Kinyanjui argues that the speaker had no power to suspend the motion which is actively before a court and will be coming up for mention on December 3.
“At any rate and since it was a special Motion at the time it was lodged, standing orders dictate that it cannot be withdrawn except with leave of the County Assembly. You, therefore, have no unilateral power to withdraw the Motion by Imwatok,” Kinyanjui said.
Ogada’s motion was supported by 65 MCAs with the largest number coming from the ODM side.
Sonko’s impeachment is on four grounds: abuse of office, gross violation of the law, committing a crime under the national and/international laws, as well as lacking the physical/mental capability to run the county government.