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Waiguru impeachment bid: MCAs file petition against Senate ruling

Wednesday July 08 2020
Waiguru

Kirinyaga Governor Anne Waiguru appears before a special committee of the Senate that was formed to investigate her impeachment charges, June 24, 2020. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

By GEORGE MUNENE

Kirinyaga MCAs on Tuesday filed a petition challenging the Senate Special Committee’s decision that cleared Governor Anne Waiguru of any wrongdoing after she was impeached.

They urged the Kerugoya High Court to certify the case as urgent in order for it to be concluded in the shortest time possible.

Through their lawyer Ndegwa Njiru, the ward representatives said they want the committee’s decision quashed and Ms Waiguru tried afresh.

They say the Senate did not adhere to constitutional requirements in handling the impeachment case so it should be compelled to hear it again.

"The Senate didn't follow the law when it arrived at the decision to save the governor from being kicked out of office. It was purely a mistrial," Mr Njiru said.

“How can the Senate find that money was lost in the county and fail to punish those responsible?"

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THREE JUDGES

The MCAs also want a  three-judge bench to hear the petition.

"We shall ask the Chief Justice to set up a three-judge bench once we are given a hearing date," the lawyer said.

He stressed his clients will raise weighty issues once the petition kicks off.

"We shall raise issues which have never been raised in this country. My clients were not satisfied with the trial so they will continue fighting until justice is served," Mr Njiru told the press after filling the petition at the court's registry.

IMPEACHMENT PROCESS

Further, the MCAs dismissed as untrue the report by the Special Senate Committee that the impeachment process did not meet the threshold for sending Ms Waiguru home.

"My clients were unhappy with what the Senate did. That is why they have come to court to seek Justice," Mr Njiru said.

He added that the MCAs gave overwhelming evidence to prove that the governor was not supposed to be in office but the Senate ignored it and cleared her.

The MCAs impeached the governor in June after a vote of no confidence in her leadership.

In a motion moved by Mutira Ward Representative Kinyua Wangui, the MCAs accused the governor of grossly violating the Constitution and undermining the assembly’s authority.

Twenty three out of 33 MCAs voted in favour of the motion while four abstained and six were absent.

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