Kenyans go to court to stop impeachments

Nairobi, Kenya: Two petitioners have moved to court to block the National Assembly and all county speakers from accepting impeachment of cabinet secretaries and governors.

The duo, Douglas Njenga Irungu and Emily Njoki Maina, want the CS’s, governors and county executive committee members to remain in office and continue to discharge duties under their respective dockets pending hearing and determination of their petition.

The petitioners argued that there is imminent threat by MPs, Members of County Assembly to impeach CS’s and Governors and might end up permanently prejudicing the public’s right to service delivery.

They noted that a recent motion before Parliament against the devolution and planning CS Anne Waiguru was brought in total disregard of constitutional requirement of public participation under article 118 of constitution.

Justice Mumbi Ngugi  yesterday certified the case urgent and directed the petitioners to appear before Justice Isaac Lenaola on June 24 for hearing of the matter.

The petitioners stated that the recent motion by Igembe South MP Mithika Linturi will have potential harmful consequences to the functions of the office of CS, Governors and County Executive Committee Members in the dispensation of their constitutional rights.

“Linturi has not yet put forth clearly the extent of the alleged misconduct by devolution CS which essentially should be directed to the president as CS’s are individually and collectively accountable to the president," they said.

The president ,they pointed out, may dismiss a CS without necessarily going through a parliamentary process of impeachment and therefore impeachment should be the last resort if all disciplinary measures have been exhausted.

The further said the current mission of impeachment to the CS and governors will affect their mandate in discharging their duties due to constant looming threat of impeachment.

Cabinet Secretaries Fred Matiangi and Agriculture Felix Kosgey have been threatened with impeachment for various reasons.
The petitioners argued that the  current impeachment process in relation to the of the CS’s and Governors appears to be carried out in a blatant disregard of the rule of law and in violation of constitution as the county assemblies have refused to include public participation.

“Kenyans will suffer loss and prejudice unless the said provisions of the constitution are suspended pending hearing and determination of the petition, “they added.

The duo wants the court to interpret the meaning of acts that amount to gross misconduct by a CS, County Executive Committee Members and governors as envisaged in the constitution.