High Court: Martin Wambora remains Embu Governor until case is heard

By Lucianne Limo

Nairobi, Kenya: The High Court has clarified that Martin Wambora should remain in office as Embu Governor until his case is heard and determined.

Justice Richard Mwongo on Monday stated that the intention of the court in issuing conservatory order was to maintain
status quo.

“The Governor shall and continue to remain until his case is heard and determined," the judge directed. He gave the directive after Wambora’s lawyer Wilfred Nyamu sought clarification of a ruling the court made last week.

Last week, Justice Mwongo issued conservatory orders suspending the swearing in of Embu Deputy Governor Dorothy Nditi as county boss. He shelved the process after temporarily putting on hold the resolution of the Senate and Embu County Assembly to impeach Wambora for a second time.

Among the residents’ grounds of argument is that the special committee that deliberated and recommended the removal of Wambora was the same one that had suggested thesame resolution to impeach him.

One of the petitioners, Alloise Njagi, in a sworn affidavit said: “The aforesaid members of committee to perform the role of hearing the governor were quasi-judicial in character, in a situation where they had already dealt with the same case.”

The judge restrained the speaker of the county assembly from swearing in Ms Nditi, pending the hearing and determination of the case lodged in court by over 35 residents. Residents told the judge that given the resolution passed by Senate and the Gazette notice No 3222, it was likely Nditi would be sworn in as provided by the Constitution.

The case before Justice Mwongo states that Embu residents will be prejudiced if the case is not heard and determined
without suspending the Senate resolution.

Elected leader “Public participation was not done and residents of Embu were not consulted over the need to impeach their democratically elected leader,” said lawyer Okenyo Omwansa who represents them. The petition has raised serious issues that will have a bearing on the establishment of the county government. Constitutionally, Embu governor’s office remains vacant pending hearing and determination of the case.