Three judge bench to determine Wambora fate Wednesday
18 February 2014, 18:04
Nairobi - The fate of impeached Embu governor Martin Wambora will be determined at the High court in Kerugoya at a three judge bench sitting.
The case will be heard and determined Wednesday at the High court, where Chief Justice Willy Mutunga has constituted a three man bench to hear his plea.
The governor is challenging a senate ruling that declared Wambora impeached last week and which effectively ruled him out of office.
Through the Council of Governors, Wambora had Tuesday sought orders to stop the gazettement by the senate of his impeachment.
The request was however thrown out by Judge David Majanja on grounds that the case will be heard in a separate court the following day.
" The case before me is being heard and determined by a three judge bench consituted by the chief justice in Kerugoya on Wednesday so it would be wrong to make any ruling regarding the case before me just a day earlier, Justice Majanja said.
It wil thus be left to the three judeg bench to determine whether Wambora will return to office or if his fate will be sealed.
Wambora argues in his plea that it was unlawful for the senate to convene and deliver their judgement despite him securing a court order barring the proceedings.
He wants the ruling by the senate and subsequent gazettement overuled on the basis that he was yet to recieve a fair hearing and again before a court case at the High court in Embu ruling on a case in which he had argued against his impeachment by the Embu county assembly heard .
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