Motion to impeach Nyeri Governor Nderitu Gachagua under way
What you need to know:
- House Speaker David Mugo, through the assembly clerk, told the lawyers, Peter Wanyama and Mansur Esar, that the House standing orders do not allow the governor to be represented by a second party and that the governor should be present in person during the impeachment proceedings.
- The sitting went on without the governor's response, as the lawyers said they would wait for further instructions from the county boss.
Six MCAs allied to Nyeri Governor Nderitu Gachagua walked out of the county assembly in protest after his lawyers were barred from the chambers.
Lawyers representing Mr Gachagua were denied entry into the assembly during debate on the motion to oust him Friday.
Armed with documents containing Mr Gachagua's response to the allegations levelled against him by MCAs, the lawyers arrived at the assembly a few minutes past 9am only to be denied access to the chambers by the sergeant-at-arms.
House Speaker David Mugo, through the assembly clerk, told the lawyers, Peter Wanyama and Mansur Esar, that the House standing orders do not allow the governor to be represented by a second party and that the governor should be present in person during the impeachment proceedings.
Ealier, the debate on the motion to impeach Governor Gachagua started with Assembly Speaker David Mugo reading the grounds for the impeachmen.
The motion was moved by Kiganjo Ward MCA Baragu Mutahi.
Mr Mutahi was seconded by Karatina Ward MCA Joel Gichuru.
Mr Wanyama, who was barred from the chambers, is a High Court advocate with a specialty in law reforms and corporate law. He also represented Embu Governor Martin Wambora during his impeachment in 2015, which would later be nullified by the High Court.
ADVOCATE OF CHOICE
However, the lawyers disputed the Speaker's view, insisting that standing orders 63 and 64 allow the governor to be represented by an advocate of choice during the debate on the motion.
"The governor has a right to respond to the allegations and can choose representation of his choice," said Mr Wanyama.
After 30 minutes of consultation, Speaker Mugo ruled that the governor could not be represented, barring the lawyers from entering the House chambers.
The ruling was faulted by the governor's lawyers, who were left with no other option but to exit the assembly.
"The Speaker interpreted the standing orders all wrong. We have no choice but to comply, but the impeachment process is unfair and has started on the wrong foot," said Mr Mansur.
The sitting went on without the governor's response, as the lawyers said they would wait for further instructions from the county boss.
