Waiguru's bid to nullify ouster flops

The High Court has declined to nullify the impeachment of Kirinyaga Governor Anne Waiguru.
Justice Weldon Korir ruled Thursday that the Kirinyaga ward representatives did not violate any court order.
In his ruling Justice Korir said the ward reps proved sufficiently that the Covid-19 outbreak in Kirinyaga had been contained and were free to proceed with the impeachment motion without seeking the authority of the court.
Considering the fact that Justice Korir had initially saved Ms Waiguru from being hounded out of office at the start of the pandemic in the country, the judge stated that his initial order indicated that the impeachment was only halted at the time due to Covid-19 and no other reason.
“The evidence laid to this court, by the Members of the County Assembly shows that the pandemic has been contained in Kirinyaga and that there is room for them and the public to impeach the governor,” said Justice Korir.
The judge said that the issue on whether Ms Waiguru was given the opportunity to be heard or whether there was indeed adequate public participation are matters to be addressed at the main hearing of the case.
And true to the maxim that when it rains it pours, Senate Speaker Kenneth Lusaka confirmed that a meeting of the House Business Committee that was to be held Thursday, would take place Friday to decide on the course the impeachment process will take.
“Because of the budget statement that is being delivered today there was consensus in the committee that we should put off the meeting until Friday,” Mr Lusaka told the Nation last evening.
The committee will deliberate on how the House will proceed with the matter once the Speaker notifies the lawmakers of the outcome of the proceedings in Kirinyaga County Assembly that formally approved the impeachment of the governor
Options available include forming an 11-member special committee in line with Section 33 (4) of the County Governments Act.
The special committee will investigate the matter and report back to the House within 10 days on whether it finds the particulars of the allegations against the governor to have been proved.
Another option is for the whole House to convert itself into a trial chamber and consider the particulars relied upon by the MCAs to impeach the governor, at the end of which a vote will be taken.
The second option has been used on two occasions in the past. The first was the trial of former Nyeri governor, the late Nderitu Gachagwa, who was acquitted of all the charges and former Kiambu governor Ferdinand Waititu who was ousted late last year after the House adjudged that allegations against him had been proved.
While the MCAs were busy with the motion concerning her impeachment on Tuesday, her lawyers moved to the High Court seeking to shield her from the imminent ouster.
She now awaits her fate with the Senate or the court.
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