Nairobi, Kenya, May 27- The High Court has thrown out an appeal by Kiambu Senate aspirant Karungo Wa Thang’wa in a case seeking to block his clearance by the Independent Electoral and Boundaries Commission (IEBC) over impeachment.
Kelvin Njui Wangari had petitioned the court to stop the clearance of Karungo on grounds that he had been impeached by Kiambu ward representatives while he served as the County Executive Committee member in the devolved unit.
However, Karungo appealed against his case being heard alongside other impeachment matters on grounds that he has “never been impeached or removed from office as contemplated under section 40 of the County Governments Act,”
He argued that it will be highly prejudicial for the petition to be heard alongside others related to impeachments.
He further stated that the court’s order to consolidate his impeachment case with others including the case against former Nairobi Governor Mike Sonko was obtained by the petitioner through misrepresentation of facts.
“That the ex parte order was obtained by the Petitioner through deliberate concealment of material facts and a misrepresentation that I have previously been impeached and removed from office hence unqualified for elective office,” he said.
However, while issuing the ruling Monday, High court Judge Anthony Mrima said that the fate of Karungo will be decided by an expanded bench of the high court constituted by the Chief justice Martha Koome.
“I have perused the Notice of Motion dated 26th May 2022. Since the matter was transmitted to the Hon. Chief Justice for the empanelment of the expanded Bench of the High Court and the court being unaware whether the said Bench has been empaneled or not, it is hereby directed that the Notice of Motion herein be dealt with by the expanded Bench,” Mrima said.
Three days ago, in a similar ruling, the High court directed the transfer of the case involving former Nairobi governor Mike Sonko to Chief Justice Martha Koome” for purposes of empaneling and expanded bench to hear and determining it alongside the other related matters.”
“I have considered this matter carefully. The court is aware of like matters filed in the High Court at Mombasa and in Eldoret. There is also an expanded Bench to be empaneled by the Hon. Chief Justice. As a result, it is only prudent that this matter be forwarded to the Hon. Chief Justice for purposes of empanelment so as to have prudent use of the limited judicial time.,” Justice Anthony Mrima said while issuing the ruling Tuesday.
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