Wambora not reinstated, after all

Martin Wambora during a Senate special session to decide on his impeachment case on February 14, 2014 at County Hall, Nairobi. Photo/JENIFFER MUIRURI

What you need to know:

  • The judges said the media reports and the statements being issued by politicians purporting that Mr Wambora had been returned to the office were erroneous.
  • He also asked the bench to restrain President Uhuru Kenyatta, National Assembly and Senate Speakers Justin Muturi and Ekwee Ethuro and the National Assembly Majority Leader Mr Aden Duale from commenting on the case.

Mr Martin Wambora was Tuesday dealt a big blow when three judges hearing his impeachment case clarified that he had not been reinstated as Embu County governor.

Judges Cecilia Githua, Hedwig Ong’udu and Boaz Olao said at no time did they reinstate Mr Wambora as a governor. They are sitting at the High Court in Kerugoya.

“We did not reinstate Mr Wambora back to the office and the media reports are misleading,” Justice Ong’udu said on behalf of her colleagues.

They clarified the matter in the afternoon when they asked all the journalists and the lawyers representing various parties to appear before them.

The judges explained that they only stayed the Senate gazette notice Number 1052 which impeached Mr Wambora pending the hearing and determination of the suit.

“Staying of the gazette notice did not amount to reinstatement of Mr Wambora to the office. We are concerned that court orders are being misinterpreted,” Justice Ong’udu said.

The judges said the media reports and the statements being issued by politicians purporting that Mr Wambora had been returned to the office were erroneous.

They told all parties in the case, the media and politicians to desist from commenting on the case outside the court.

Mr Paul Muite, for Mr Wambora, said the media reports would have been expected to cause outrage to the court and the judges should act in the way it deemed fit.

He also asked the bench to restrain President Uhuru Kenyatta, National Assembly and Senate Speakers Justin Muturi and Ekwee Ethuro and the National Assembly Majority Leader Mr Aden Duale from commenting on the case.

Judges Githua, Ong’udu and Olao said the matter should not be discussed out of court until it was heard and determined.

“It will be prejudicial to debate this case in public and those discussing it should stop,” Justice Ong’udu said.

The judges observed that the case had generated a lot of public interest and should be handled with care until the judgment was delivered.

They also cautioned lawyers and the media against discussing the matter. Justice Ong’udu reminded the media that they should be objective and seek clarification on technical legal issues with the High Court registrar.

The judges said Mr Wambora should keep off the office until March 10 when they will rule on the applications he has filed.