The Senate has vowed to proceed with its investigations into the allegations that led to the impeachment of Taita Taveta Governor Granton Samboja (pictured) by members of the County Assembly.
Governor Samboja had served the special committee on his impeachment with an injunction to stop any proceedings until a case he has lodged in court is determined.
Senate Deputy Speaker Kithure Kindiki said Parliament cannot injuncted by another arm of government.
“I want to direct that we suspend this issue for 30 days. The stay can be varied. We have decided to issue a parliamentary stay. The committee stays. This is a parliamentary stay and not judicial stay,” said Prof Kindiki. But senators disagreed with Kindiki and pleaded with him to rescind his directive and allow the committee chaired by Senator Njeru Ndwiga to proceed with its sittings.
“The Senate is not a Liquor Licensing Board to be injuncted. This is a matter that is time-bound. We must make a decision that Parliament has been injuncted or Parliament has not been injuncted. This will set a bad precedence. We cannot run away from determination that Parliament is injuncted,” said Senate Majority Leader Kipchumba Murkomen. Bungoma Senator Moses Wetang’ula said the Standing Orders do not mention anywhere about injunction, either Parliament injuncting itself or anybody injuncting it.
Restraining order
“Parliament cannot be injuncted by any authority. Even if the courts issued a restraining order it will be invalid,” Wetang’ula said.
“There is no reason for stay. There is no provision to stay the proceeding of a committee. I want to urge you to rescind that decision.”
Kakamega Senator Cleaphas Malala said: “It is bad for us after a day or so that the same chair reverses the decision of this House, the mood is very clear, let’s give the people of Taita Taveta a fair hearing. The people of Taita Taveta have spoken through their MCAS.”
“This matter is in the hands of the select committee. We cannot go back on it because it is already a resolution of the House. It can only be reversed by another resolution of the House. The mood of the House is that must investigate this matter and conclude with it. It is beyond the hands of the House,” nominated Senator Judith Pareno said.
Promising to give further directions on the matter on Tuesday, Kindiki said he will give a final ruling on whether the courts cannot halt parliamentary proceedings.
However, Kindiki directed the committee to proceed and invite Governor Samboja and the leadership of Taita Taveta County Assembly.
