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Mutunga sets up team to probe senate/governors impasse

21 February 2014, 14:11 Victor Tinto

Nairobi - Chief Justice Willy Mutunga wants the impasse between  the senate and governors cleared quickly and has set up a three judge bench to deal with the matter.

The battle of supremacy between the two sides has developed in the last couple of weeks following the impeachment of Embu governor Martin Wambora.

Further to that, the senate had summoned nine governors to explain their level of spending in their respective counties but that move was stopped by High court judge Mumbi Ngugi, who ruled they be temporarily halted.

The governors, Isaac Ruto (Bomet), Ken Lusaka (Bungoma), William Kabogo (Kiambu), Julius Malombe (Kitui), Jack Ranguma (Kisumu), Kinuthia Mbugua (Nakuru), Samuel Tunai (Narok), Hussein Dado (Tana River) and Ahmed Abdullahi (Wajir) had been required to attend the summons but Judge Ngugi ordered that a case in which the Council of Governors and a lobby group had asked for the summons to be stopped must be determined first before effecting the summons.

She further directed that the Chief Justice pick a three judge bench to hear the case.

And thus the CJ asked that Justice Hedwig Ong’udi, Justice Cecilia Githua and Justice Boaz Olao to commence sittings as soon as possible.

“All the benches have been requested to commence sittings as soon as possible. The concerned deputy registrars will communicate the commencement dates to the parties,” Mutunga said in a statement.

The case will determine whether the senate has the jurisdiction to summon the governors and if they are allowed to investigate the financial propriety of the governors.

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