Martin Wambora lost Sh3.5m on bad seed, judges told

What you need to know:

  • The Constitution Implementation Commission (CIC) has said the court has no authority to punish the Embu county assembly or Senate as they have immunity

Embu County bought Sh3.5 million seeds which did not germinate when farmers planted them, three judges were told at the Kerugoya High Court on Wednesday.

A lawyer representing the county assembly, Mr Charles Njenga, told judges Cecilia Githua, Hedwig Ong’udi and Boaz Olao that ousted Governor Martin Wambora should take full responsibility for failing to take action against the officers involved in the procurement.

Mr Njenga said taxpayers’ funds were lost because public procurement and finance laws were violated.

Further, Mr Njenga alleged, Sh8 million for rehabilitation of Embu stadium was not used properly. “There were complaints about the manner in which the money was spent and no explanation was given,” he told the judges hearing Mr Wambora’s petition.

After being frustrated by Mr Wambora’s inaction, he said, the county assembly then debated a motion of impeachment which sailed through after the majority voted in favour.

Meanwhile, the Constitution Implementation Commission (CIC) has said the court has no authority to punish the Embu county assembly or Senate as they have immunity.

“This immunity is anchored in the Constitution,” CIC lawyer Nani Mungai told the judges.

Mr Mungai was opposing an application by Mr Wambora to start contempt proceedings against the county assembly and Senate which removed him from office even after they were served with orders restraining them from doing so.

Mr Mungai, however, said Mr Wambora’s petition was genuine and should be heard.

The hearing continues.