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Wambora faces Senate's wrath after losing court appeal

13 May 2014, 13:09 William Korir

Nairobi - Embu Governor Martin Nyaga Wambora yesterday lost his bid to stop the Senate from deliberating proceedings to impeach him.


Principle High Court judge Richard Mwongo dismissed his request to bar the Senate from making any deliberations regarding his impeachment saying that it would be unlawful to stop a legislative body from performing its functions in the public’s interest.


Justice Mwongo said such a request would only be allowed and granted orders with great caution besides acknowledging that Mr Wambora’s case raises weighty issues.


The judge said Mr Wambora had not put up evidence and demonstrated how he was going to suffer if he is to be impeached as a result of Senate being barred from forging ahead with its mandate.


“When such a request is sought against a public agency a legislative assembly mandate to carry out certain functions in the normal course of business, it is only granted with due caution; an interruption of the lawful functions should take into account the need to allow for ordered functioning in the public interest, I am not satisfied that at this stage any orders can be issued,” ruled the judge.


The embattled governor had moved to the High Court in Nairobi seeking orders to stop the Speaker of the Senate and the Senate itself from introducing, discussing, seizing or deliberating his impeachment following a resolution forwarded by the Embu County Speaker.


Through lawyer Wilfred Nyamu, he was also seeking an order to stop that resolution on a motion dated April 16 and was passed on April 29 by Embu County Assembly resolving to remove him from office.


Although a further hearing of this case will be determined tomorrow, he suffered a setback of even securing the orders on temporary basis.


Mr Nyamu pleaded with the judge to have the matter which he had just delivered a ruling on be heard and determined by a set bench of judges appointed by Chief Justice Willy Mutunga again and soon.

But the judge said this would not be that easy considering the time limit in which the case has and the already ongoing proceedings with the Senate over the impeachment process.


The judge however agreed with him and directed that the matter be mentioned today for further directions.


“The Chief Justice will not be able to constitute a bench in the limited time limit and besides you know a bench is not easy to put together,” said Justice Mwongo.


The Commission on Administrative Justice which had sought to join the case as a friend of the court was allowed by the judge whilst the Public Service Commission was also enjoined as an interested party.


The judge also dismissed an objection filed by the County Assembly of Embu on the suit through lawyer Charles Njenga who argued that the motion to impeach Mr Wambora was passed accordingly as required and the Speaker notified other members about the sitting through a gazette notice.


The judge disagreed with Mr Njenga’s arguments that the orders which Mr Wambora was seeking and the new case is similar to the initial one in the Embu Court and said that the present facts and circumstances are different hence the case is a matter that needs to be dealt with.

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