Court stops Senate debate on Wambora

What you need to know:

  • The High Court has stopped the Senate from debating Embu Governor Martin Wambora’s impeachment.
  • Mr Wambora told the court that he had already filed contempt of court proceedings against the county assembly officials and asked the court to order the Senate to await the outcome of the case.

The High Court has stopped the Senate from debating Embu Governor Martin Wambora’s impeachment.

Lady Justice Hedwig Ong’udi ruled at the High Court in Embu that the proceedings on the fate of the governor and his deputy, Ms Dorothy Nditi, should wait until February 11 when Mr Wambora’s case will be heard.

Justice Ong’udi also disqualified herself from hearing the case, saying she was uncomfortable handling it since Mr Wambora had filed the original suit at the High Court in Kerugoya where he sought to stop Embu County Assembly from impeaching him.

She ordered that the Kerugoya court proceed with the case.

The governor had moved to the court under a certificate of urgency, saying the Senate proceedings were based on an illegality since the court had already barred the county assembly from debating two motions that recommended his removal.

Mr Wambora told the court that he had already filed contempt of court proceedings against the county assembly officials and asked the court to order the Senate to await the outcome of the case.

NOT AWARE OF ORDER

On Monday, Senate Majority Leader Kithure Kindiki said the House Speaker and senators were not aware of the court order.

“In any case, the court order is effective only after it has been served,” he said, “but to my mind, the doctrine of separation of powers would constrain courts of law from stopping or interfering with a matter which is live in a House of Parliament.”

The Senate meets today in a special session to begin a process that would determine the governor’s fate.

Senators are expected to discuss and approve names of 11 members proposed yesterday to the House Business Committee.

The proposed names comprise six senators from Jubilee and five from Cord.

The special committee will investigate the allegations against the TNA governor and his deputy.