Judges reinstate Wambora as Embu governor

The High Court Wednesday reinstated Mr Martin Nyaga Wambora as Embu governor after overturning a Senate decision to impeach him.

The judges declared the removal of Mr Wambora by the Senate null and void in a landmark ruling welcomed by county bosses present and the petitioner’s lawyers.

Judges Cecilia Githua, Hedwig Ong’udi and Boaz Olao said the Senate’s special 11-member committee constituted to investigate allegations of violation of public finance and public procurement laws levelled against Mr Wambora disobeyed a court order issued against it and as such its decision was unlawful.

The judges also directed that the Senate gazette notice 1052, which endorsed the ouster of the governor be quashed with immediate effect.

They said the committee defied the High Court order issued on February 4 restraining it from discussing the resolutions of the Embu County Assembly which had impeached Mr Wambora for alleged violation of the Constitution.

“Senate committee was duly served with the order which had been issued by Justice David Majanja and duly stamped. It discussed the order but chose to ignore it,” Justice Ong’udi said.

The judges maintained that any proceedings held in disregard of court orders were a nullity in law and would not be allowed by the court.

“Anything done in disobedience of court orders is illegal,” they said, warning that if disobedience of court was allowed to continue, its authority would be eroded and the public will not have confidence in the Judiciary.

They observed that the Constitution was supreme and all must abide by it.

“The mighty and low should abide by the Constitution as no one is above the law,” Justice Ong’udi said.

They said the whole process of removing Mr Wambora, right from the county assembly to the Senate, was illegal.

Prior to the governor’s impeachment, the county assembly had been served with a court order barring it from proceeding with the motion.

The judges noted that the assembly was duly served with the order but it disobeyed it and continued to discuss Mr Wambora. The MCAs passed the motion and took their resolution to the Senate.

The assembly went against the rule of natural justice when they denied Mr Wambora a chance to defend himself, ruled the judges.

“Assembly members did not give Mr Wambora right to fair hearing. They just debated a motion of impeachment and passed it without granting him an opportunity to be heard. The law of natural justice demands that no one should be condemned unheard.”

RIGHT TO BE HEARD

The judges said the assembly also violated its own standing orders, which provide a right to be heard before condemnation.

They said that the Speaker of the County Assembly, Mr Justus Mate and the Clerk, should have brought to the attention of the House the court order before the motion started.

Mr Wambora was impeached by the assembly on January 28 on allegations that he had violated the Constitution.

The assembly forwarded its recommendations to the Senate, which removed him.

The Senate committee confirmed three charges out of five against Mr Wambora and said they had sufficient grounds to remove him.

It found Mr Wambora guilty of violating public procurement laws but absolved him of accusations of abuse of office.

He was accused of breaching the Public Procurement Act 2005 and Regulations 2013, the Public Finance and Management Act and the Constitution.

Going by those accusations, his fate was handed over to the Senators who held a sitting late into the night to discuss the Special committee’s findings.

It was the first time in the history of the country that Parliament, specifically the senate considered a matter touching on impeachment of a public officer.

The reinstated governor was represented by Paul Muite, Ahmednassir Abdullahi, Peter Wanyama, David Njoroge, Wilfred Nyamu and Issa Mansur.

After the Jugdment Mr Wambora’s supporters burst into songs of victory.They sang and danced saying the enemies of their leader were defeated.