Embu Governor Martin Wambora cleared in tender case

Embu Governor Martin Wambora joins his supporters on September 30, 2014 after the Court of Appeal in Nyeri ruled that he was not personally responsible for awarding tenders for maize seedlings supply and the upgrading of Embu Stadium. PHOTO | JOSEPH KANYI |

What you need to know:

  • Justice Odek ruled that there was no clear evidence that Mr Wambora acted in gross violation of the Constitution warranting his impeachment motion.
  • While celebrating with supporters, Mr Wambora said he was glad that justice had finally prevailed.

Governor Martin Wambora had a reason to celebrate on Tuesday after the Court of Appeal in Nyeri ruled that he was not personally responsible for awarding tenders for maize seeds and upgrading of Embu Stadium.

Appellate judges Alnashir Visram, Martha Koome and Otieno Odek said that the governor was not individually liable for allowing the contracts.

Justice Odek ruled that there was no clear evidence that Mr Wambora acted in gross violation of the Constitution warranting his impeachment motion.

“Collective responsibility is not a principle of individual responsibility. The tenders involved many parties thus the appellant was not individually liable,” said Lady Justice Koome.

Represented by advocates Paul Muite, Ahmed Nasir, Wilfred Nyamu, Julius Kemboi, Peter Wanyama, David Njoroge and Mansour Issa, the county boss had appealed against a ruling in which the High Court in Kerugoya said that the Senate and the Assembly had the final say on the veracity of the alleged illegal tendering of deals.

WAS REINSTATED

Judges Boaz Olao, Cecilia Githua and Jedwig Ong’udi early in the year reinstated Mr Wambora as governor but failed to absolve him of offences he was accused of committing by the assembly and upheld by the Senate.

The governor allegedly allowed the contracting of a tender for the supply of maize seedlings to residents, but the seeds failed to germinate causing them to suffer losses.

Mr Wambora was also accused of allowing the illegal tendering of the upgrading of Embu Stadium.

Mr Muite said that the Constitution was clear that a governor could only be removed from office on the basis of gross violation of the Constitution.

He noted that Mr Wambora was not to blame for the tendering of both contracts since it was the secretary of the County of Embu who was answerable as to how the contracts were awarded.

The claims were however countered by Mr Charles Njenga, who was representing the Embu speaker, clerk and the County Assembly.

While celebrating with supporters, Mr Wambora said he was glad that justice had finally prevailed.