Wambora’s removal ‘was illegal’

The removal of Martin Wambora as the Embu County Governor by the Senate was illegal, three Judges sitting at Kerugoya High court heard yesterday.

Mr Wambora told Justices, Cecilia Githua, Hedwig Ong’udi and Boaz Olao when the hearing of his petition kicked off yesterday that the 11-member senate committee acted in defiance of a court order barring it from commencing any deliberations against him and as such the removal should be declared null and void.

He argued that any person who knows about a court order must obey it failure to which he be punished.

Lead counsel, Mr Paul Muite who is representing Mr Wambora urged the court to ensure immediate resumption of office by his client.

“Removal of Mr Wambora from office is a complete nullity because a legal court order was ignored. This court should therefore reinstate my client in office,” he said.

FLAWED PROCESS
Mr Muite also argued that due process of the law was not followed when the Senate declared Mr Wambora ousted.

He told the Judges that Mr Wambora was not accorded an opportunity to defend himself at the County Assembly of Embu over allegations of violating public procurement and public finances laws while the Senate went ahead to oust him even after receiving a legal order.

Again, Mr Muite submitted that for a governor to be removed he must have grossly violated the constitution.

“The constitution provides for gross violation. When the Senate proceeded to kick out Mr Wambora from office they only talked of violation but never at any point indicated gross violation of the constitution. The whole process of removal right from the County Assembly of Embu to Senate is illegal,” he argued.

Mr Muite asked the court to address the question on whether there was substantial grounds for the removal, pointing out that the court had a jurisdiction to establish whether due process was followed.

The case continues today.