Embu governor wins round one
What you need to know:
- Mr Wambora’s lawyer, Mr Ahmed Abdullahi, argued that the Senate disobeyed a High Court order not to take any action against Mr Wambora, who had been impeached by the Embu County Assembly over allegations of corruption and abuse of office.
- Mr Wambora also told the Judges that his deputy, Ms Dorothy Nditi, took over his position illegally as she had not been sworn in as Governor.
Embattled Embu County Governor Martin Wambora yesterday won the first round of his court suit when three judges reinstated him in office.
The judges, sitting at the High Court in Kerugoya put on hold the Senate decision which impeached Mr Wambora.
He continues as governor until a case he has filed against the Senate is heard and determined by three judges. The case is set for hearing on Monday next week.
Mr Wambora’s lawyer, Mr Ahmed Abdullahi, argued that the Senate disobeyed a High Court order not to take any action against Mr Wambora, who had been impeached by the Embu County Assembly over allegations of corruption and abuse of office.
NULL AND VOID
Mr Abdullahi told Judges Cecily Githua, Boaz Olao and H.I.Ong’udu that the Senate Speaker was wrong to set up a committee of 11 members to discuss the resolutions of the County Assembly and kick out Mr Wambora from office even after a court order was issued stopping him from doing so.
He argued that any action taken after the court order was null and void.
“Once a legal order is issued not even the legislator, the executive or anybody is supposed to disobey it. If courts can’t bite, there will be a crisis in the Judiciary and no one will seek legal redress,” he said.
Mr Wambora also told the Judges that his deputy, Ms Dorothy Nditi, took over his position illegally as she had not been sworn in as Governor.
But lawyer Kibe Mungai representing Ms Nditi disagreed with Mr Wambora. “The constitution provides that if a vacancy occurs in the office of the governor the deputy takes over,” he said.
On January, 28 the County Assemby passed a motion of impeachment against Governor Wambora and his Deputy.
Mr Wambora was impeached by the Senate last Friday after he was found guilty of violating public procurement and public finance management laws and the Constitution but cleared Ms Nditi.
After the court’s ruling, Mr Wambora’s supporters broke into song and dance.
Mr Wambora has maintained that he is innocent.
Embu county speaker Kariuki Mate said they were disappointed with the court decision but he will be ready to start new impeachment proceedings once the court makes its decision.
