KENYA: The High Court in Nairobi has declined to issue orders stopping the Senate from debating Muranga County governor Mwangi wa Iria’s impeachment petition.
Through his lawyer Mbugua Ng’ang’a, Iria moved to court Friday under a certificate of urgency seeking conservatory orders against the Speaker of the Senate from approving a motion to remove him from office, before he is heard.
Justice Joseph Onguto declined to issue the orders on the grounds that the petitioner did not prove that there will suffer any prejudice if he appears before the Senate.
Ng’ang’a argued that by denying the Governor opportunity to be heard, Murang’a County Assembly violated its own standing order No 67.
He told the court that there is no valid resolution capable of being forwarded or acted upon by the Senate and hence an interim conservatory order should issue on the inherent merit of this case.
“The Speaker of Murang’a County Assembly has until today to forward the impugned resolution to the Speaker of the Senate and it is therefore imperative that urgent conservatory orders are issued in the interest of justice,” said Ng’ang’a.
The petitioner claims that the assembly declined to hear the Governor.
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Ng’ang’a pointed out that the Governor learned of the resolution through the media.
He explained that the letter from the Speaker of Murang’a County Assembly indicated that the Governor should exonerate himself within seven days, the decision to approve his removal from office was taken within two days excluding the weekend from the date when the Governor was served with the Motion.
The case will be heard inter partes on Monday.
Meanwhile, the Council of Governors has dismissed the impeachment of Iria. Addressing the press in Enashipai Spa and Resort in Naivasha Friday, chairman Peter Munya accused the MCAs of acting against the Constitution.
The governors claimed there were some forces out to derail devolution for sponsoring the impeachment motion.
“The county assembly of Murang’a has acted in total breach of the Constitution and County Governments Act by not according the governor an opportunity to defend himself,” he said.
Munya, who was flanked by a host of governors, said the allegations against Iria were a result of usual challenges that most counties were experiencing.
He said Treasury had for over four months failed to disburse funds to counties leading to accumulated bills adding that this was not grounds for impeachment.
“Our plea is that the county assemblies begin to be responsible and remember that they are servants of the nation,” said Munya.
Munya at the same questioned the move to revive the impeachment of Makueni Governor Kivutha Kibwana.
He said some MCAs with support of politicians had reactivated the issue despite the President’s move rejecting recommendations by a commission to disband the county government.
“We are surprised that some people have revived the impeachment against Makueni governor for ulterior motives,” he said.
