Petition challenging Governor Ngilu’s impeachment thrown out for lack of merit


Petition challenging Governor Ngilu's impeachment thrown out for lack of merit

In Summary

  • The High Court has thrown Kitui Governor Charity Ngilu's petition that had temporarily halted her impeachment, citing lack of merit.
  • Justice Weldon Korir ruled that the application by Governor Ngilu has not met the threshold to warrant the grant of conservatory orders.
  • The latest now allows Kitui MCAs to proceed with Ms Ngilu's impeachment as planned.

The High Court has thrown Kitui Governor Charity Ngilu’s petition that had temporarily halted her impeachment, citing lack of merit.

Justice Weldon Korir ruled that the application by Governor Ngilu has not met the threshold to warrant the grant of conservatory orders.

While opposing the application by Ngilu the county assembly of Kitui argued that the grant of conservatory orders as sought by Ngilu was speculative adding that the governor was merely apprehensive as the Assembly is yet to debate, discuss or act on the motion for her removal.

The latest now allows Kitui MCAs to proceed with Ms Ngilu’s impeachment as planned.

At the same time, the petiton by six resident of Kitui seeking to be enjoined in the suit by Ngilu was also thrown out for lack of merit.

Last week, Justice Weldon Korir issued conservatory orders stopping the impeachment process until the case filed by the Governor is heard and determined.

On June 25, Governor Ngilu moved to court to halt her impeachment and at the same time, sued the County Assembly, the Speaker and the Clerk of the Assembly, who were listed as the first, second and third respondents respectively.

Ngilu averred that the planned impeachment denied her the rights to a fair administrative action and fair hearing under Article 47 of the Constitution of Kenya 2010.

Kitui MCA’s led by Athi Ward Representative and the Assembly’s leader of majority Peter Kilonzo are seeking to remove the county boss on grounds of gross violation of the Constitution and the County Governments Act by failing to honour summons of the Senate.

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Story By Dzuya Walter
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