Bench set up to decide fate of Wambora, impeachment

What you need to know:

  • Mr Justice Odunga had upheld the argument by Mr Wambora’s lawyer Francis Nyamu that the case had raised important issues that necessitated setting up a bench.
  • Mr Wambora is temporarily in office following his reinstatement by Mr Justice Mwongo on May 15, when the Embu voters pleaded with him that they had not been involved in the impeachment.

A three-judge bench has been set up to determine the fate of Embu Governor Martin Wambora in an impeachment case.

It is headed by Mr Justice Richard Mwongo. The other members are Mr Justice George Odunga and Mr Justice Weldon Korir.

The three are set to decide whether or not Mr Wambora’s rights were infringed during the two instances he was impeached.

Mr Wambora had pleaded that his case needed to be determined by a bench, not a single judge. Mr Justice Odunga ruled on June 16 that the decision on the issue would have to be made by Chief Justice Willy Mutunga. He then transferred the case file to the CJ.

“Principal judge Mwongo will preside over the constituted bench,” says Dr Mutunga in a statement issued on Tuesday.

The case has been merged with another one filed by 35 Embu voters and had prompted judge Mwongo to put on hold the swearing in of Deputy Governor Dorothy Nditi or any plans to replace Mr Wambora until the case was concluded.

Setting up a bench.

Mr Justice Odunga had upheld the argument by Mr Wambora’s lawyer Francis Nyamu that the case had raised important issues that necessitated setting up a bench.

“One of the cases raises substantial questions of law warranting the constitution of a bench of an uneven number of judges as provided for in Article 165 (4) of the Constitution. I, therefore, direct that these cases be transferred to the Chief Justice forthwith to consider constitution of a bench,” Mr Justice Odunga said on the day he forwarded the matter to Dr Mutunga.

Mr Wambora is temporarily in office following his reinstatement by Mr Justice Mwongo on May 15, when the Embu voters pleaded with him that they had not been involved in the impeachment.

Mr Nyamu and Mr Ndegwa Njiru, the lawyer for the Embu voters, said the matter was so weighty that only a bench could properly give a fair hearing.

This is not the first time Mr Wambora has sought a bench to hear his case.

When he first moved to court in Kerugoya, three judges halted his impeachment but the Senate went ahead to remove him from office.