, NAIROBI, Kenya, May 12 – The Senate can proceed with its impeachment process of embattled Embu Governor Martin Wambora over corruption allegations, after the High Court declined to issue orders stopping the censure motion.
Justice Richard Mwongo on Monday afternoon refused to bar the Senate from impeaching Wambora after finding that there was no proof that the County Assembly of Embu ousted him in defiance of a court order.
Wambora had urged the court to issue conservatory orders stopping the censure motion by the Senate on grounds that the assembly unlawfully passed the censure motion against him based on similar allegations.
“While the court appreciates that the petition raises pertinent issues, the court can only grant orders in exceptional circumstances where there is real danger ,” Justice Mwongo ruled.
The matter will now be mentioned on Tuesday for further directions after Wambora requested to have the matter referred to Chief Justice Willy Mutunga.
He requested that the CJ appoint a bench to hear the main petition on grounds that it would be better placed to interpret weighty constitutional issues that have been raised.
The court at the same time rejected the argument by the County Assembly that it does not have jurisdiction to handle the petition.
The judge observed that the High Court has the power to handle any matter where an aggrieved party has complained of their constitutional rights being violated.
The assembly had urged the court to dismiss the application arguing that the Senate is fully seized of Wambora’s impeachment.
Wambora however through his lawyer Wilfred Nyamu insisted that the High Court has supervisory jurisdiction over all State organs and urged the court to move with haste and arrest the imminent impeachment.
He opposed the preliminary objection by the County Assembly arguing that it is bound by rules and procedures provided under the Constitution.
He argued that it will be unfair to let his client be subjected to an unlawful process.
Nyamu also went on to tell the court that the County Assembly should not be allowed to hide behind the doctrine of separation of powers to inhibit the governor from exercising his Constitutional rights.
Wambora was impeached for a second time barely two weeks after the High Court reinstated him.
Some 23 MCAs voted to remove him from office, eight voted against the ouster while two abstained.