Wambora plea to stop senate impeachment delayed
07 May 2014, 18:08
Embu governor Martin Wambora will have to wait longer to know whether his plea to avoid his impeachment taken to the senate will be accepted.
Whilst the Senate convened for a special sitting
to decide on Wambora's fate, he was physically
present in court awaiting the judges’ decision on whether he was going to
stop his impeachment or not.
Justice Richard Mwongo gave
ample time for both Mr Wambora and the Embu County Assembly to argue out on
whether the impeachment had to be halted again.
Justice Mwongo said the case would be decided Monday next week
without disclosing whether he would concede to stopping the Senate from
impeaching Mr Wambora as per his request to the court before adjourning.
Through lawyer Francis Nyamu, Mr Wambora claimed the notice
of motion passed over the resolution to have him impeached was irregular and
violates his right as an elected leader.
Mr Nyamu told court that if the Senate proceeds to charge Mr
Wambora with the same allegation he will be vexed twice contrary to standing orders
86 and Article 38.
“It is highly likely that Mr Wambora’s right of holding
office will be violated as he will cease to hold office; and by going ahead to
charge he with same initial allegations is unfair,” said Mr Nyamu.
However County Assembly lawyer Charles Njenga disagreed with
Mr Nyamu through an objection they had filed and said he was merely pleading
with the Court to grant orders which had already been determined by the High
Court sitting in Kerugoya that had heard Wambora’s case at the start.
Mr Njenga said the motion was passed accordingly as required
and the Speaker notified other members about the sitting yesterday through a
gazette notice hence could not be stopped.
“A private County Assembly member filed a notion which got
the Speaker’s approval and he acceded by a gazette notice, hence convinced the
senate to the extent that the resolution passed is now part of the Senate, they
are just waiting to execute the motion,” said Mr Njenga.
He added that the County Assembly has the powers to move,
remove or propose the removal of a governor.
Mr Wambora is seeking an interpretation of the constitution
following the motion passed against him by the Embu County Assembly which is
determined to have him out of office through the Senate’s impeachment.
Embu High Court judges Cecilia Githua, Hedwig Ong’udi and
Boaz Olago had withdrawn themselves from a case filed by Embu voters seeking to
bar the same impeachment motion from being discussed by the Senate.
At the same time Mr Wambora had been reinstated in a ruling
that found the Senate and the County Assembly in violation of court orders.
Mr Wambora who moved to the Milimani Court last Friday is faced
with allegation of abuse of office and massive misappropriation of public
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