Court Faults Senate, Declares Wambora Governor

The Court in its ruling said the Senate as well as the Embu County Assembly erred in impeaching Wambora twice.

The ruling was given by Court of Appeal judges Alnashir Visram, Otieno Odek and Martha Koome in Nyeri.

The judges said that Wambora was impeached by both the MCAs and the Senate despite a court order stopping the process.

The judges in their ruling further observed that the lower court failed to exercise their supervisory jurisdiction to determine the constitutional threshold for his impeachment.

The Judges said that High Court Judges Hedwing Ongundi, Cecily Githua and Boaz Olao failed to exercise their constitutional mandate of determining whether Wambora’s removal was inconsistent with or in contravention of the Constitution.

The Senate voted to impeach the Embu governor after the special committee of the Senate found him guilty of all the three charges leveled against him by the Embu County Assembly.

The Committee that was led by Kakamega Senator, Boni Khalwa found the governor guilty of violating the Public Procurement and Disposal Act, the Public Finance Management Act and the Constitution of Kenya.

Wambora had made an attempt to court to stop the Senate from commencing his impeachment proceedings after the County Assembly voted to have him out.

The Court of Appeal judges have however said a contempt of court charges preferred against the Embu Speaker Kariuki Mate and Clerk of the County Assembly Jim Kauma will have to continue.

The case will be heard on the 6th october 2014.

By Rehema Juma.