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Senate to appeal Wambora's reinstatement

02 October 2014, 17:35 Samuel Kisika

Nairobi – The Senate may appeal to the Supreme Court the Nyeri Court of Appeal's ruling that reinstated the impeached Embu Governor, Martin Wambora.

Speaking before the floor of Senate, the Elgeyo Marakwet Senator, Kipchumba Murkomen insisted that Wambora remains impeached despite the Tuesday’s “erroneous court’s judgment” to reinstated him.

“Senate will have to appeal for the judgment made in Wambora’s reinstatement. Such erroneous judgments should not take precedent in the governance of this country,” said Murkomen.

“If we continue in this country that those with money cannot be held accountable in spending public funds, then we are heading in the past, wrong direction,” he warned.

Murkomen asserted that such erroneous rulings will even make it difficult to impeach the President in future after found liable for gross abuse of the office and violation of the constitution’s provisions.

Read Also: GALLERY: Court of Appeal upholds Wambora's reinstatement

“Impeachment is meant to hold political leaders accountable for the wrong they have committed contrary to the constitution's demands. If the Judiciary remains rigid in delivering proper judgment in their rulings, this will lock normal operational systems in counties,” said Murkomen.

The Kakamega Senator, Bonny Khalwale called on Wambora to go ahead and sue him over allegations that he masterminded his re-impeachment by the Senate. 

Khalwale said when the committee he chaired to investigate the reasons behind Wambora’s impeachment established that he went against the constitutional provisions in the running of the Embu County.

“Wambora has been quoted in rallies threatening to sue me for allegedly re-introducing the motion in the Senate to re-impeach him. I will be happy to meet Wambora in court over his claims,” said Khalwale.

“If we want to free this country from acts of corruption, we have to deal with architects of the vice such as Wambora and those that are following him whom I already know and would not like to mention before the floor of this House,” he added.

Read Also: Embu Speaker faces contempt of court charges in Wambora's impeachment

The three- judge bench that sat in Nyeri, comprising Alnashir Visram, Martha Koome and Otieno Odek, upheld the April 16 judgment by Kerugoya High Court. This means Wambora remains to serve as Embu Governor despite being impeached by the Embu County Assembly and thereafter by the Senate.

The judges in their ruling said, “We find that the learned judges did not err in holding that the County Assembly and Senate were best placed to determine whether a motion for the removal of a Governor was in accordance with the constitution. However, this is subject to the supervision and interpretation of the High Court under Article 165 of the constitution.”

They added that the political question doctrine and the concept of the separation of powers cannot oust the jurisdiction of courts to interpret the constitution, or to determine if anything said to be done under authority of the constitution of any law is consistent with or in contravention of the constitution.

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