No by-election or swearing in of deputy, Martin Wambora reinstated as Embu Governor

Reinstated Embu Governor Martin Wambora. [PHOTO: STANDARD]

By MUNENE KAMAU

EMBU COUNTY: History was made when a three Judge bench Wednesday reinstated Martin Nyaga Wambora as the Governor of Embu after it was established that he had been denied a fair hearing right at the onset of the now abortive impeachment process.

Wombara who entered into history books as the first governor to be impeached after devolution was put in place successfully fought the move through a petition he filled upon the action by the Senate.

His case which started on March 18 and lawyers both the petitioner and the defendants took a record 48 hours to make their lengthy submissions.

Wednesday’s judgment took two hours and forty five minutes having started at 11.40 and ended at 2.45 pm.

The Judges as faulted the Embu County Speaker and the County Assembly Clerk for disobeying a validly issued court order stopping them from allowing the impeachment process to start.

The two officials have now been found guilty of the contempt of the court and have been summoned to appear before the High Court in Kerugoya on May 15 for further orders and direction.

The officials are Mr Kariuki Mate and Mr Jim Kauma the Speaker and the Assembly Clerk respectively.

While making the milestone ruling Judges Cecelia Githua, Hedwig Ong’udi and Boaz Olao faulted the entire process of impeachment of Wambora terming it flawed, unconstitutional and illegal.

“Due to the fact that Wambora had obtained valied court orders directing the Embu County Assembly to stop the process on the grounds that he had not been served with a list of the five charges as required nor given any audience to defend himself, the whole process right from Embu to the Senate is a nullity,”, ruled Justice Ong’udi on behalf of her colleagues.

The court also observed that even after the two official doubted the authenticity of the conservatory order issued by Justice Githua on January 23 stopping the process and the same verified by police , they  still went ahead and defied it.