Senate to discuss Kibwana impeachment despite court order

 

Nairobi, Kenya: A showdown looms between the Judiciary and the Senate over the impeachment process of embattled Makueni governor Kivutha Kibwana.

Senate has maintained it will proceed with impeachment process despite a court order and warned that the judiciary will not stop it from performing its constitutional obligation.

Senate has faulted Justice Mumbi Ngugi’s temporary injunction, blocking it from considering the Makueni matter, after Prof Kibwana moved to court under certificated of urgency through his lawyer Wilfred Nyamu to seek the orders.

Speaker Ekwee Ethuro has confirmed receipt of the correspondence from Makueni Ppeaker Stephen Ngelwa detailing the grounds for initiating the removal of Governor Kibwana from office.

“We are proceeding on with the impeachment. Our position as provided for in the constitution is very clear that no one can injunct Parliamentary processes,” affirmed Ethuro.

He continued, “Senate is already seized of the matter as the correspondence from Makueni speakers was received last Friday morning while the orders were issued in the afternoon.”

Ethuro stressed that Senate has a constitutional duty to perform and that mandate it is going to discharge without fear and favour.

“The latest orders confirm the fears that the Senate in particular and Parliament generally have voiced on these many interim orders from courts. The judiciary is interfering with the legislative functions of the first arm of government, contrary to the doctrine of separation of powers,” he registered his disappointments.

Deputy Speaker Kembi Gitura (Muranga), Majority leader Kithure Kindiki (Tharaka/Nithi) and Kipchumba Murkomen (Elegyo/Makawet) have lashed at judiciary over a string of injunctions seeking to bar Senate for discharging its duties.

They vowed to proceed and warned that the injunctions being dished by the courts will not solve challenges affecting counties, saying instead they will worsen the situation on the ground.

“What the courts are doing will soon explode.  The courts should allow due process to take place,” said Murkomen, who is also the devolution committee chairman.

Prof Kindiki stressed that the Senate will proceed on with the exercise and it is up to the House to either uphold the charges or dismiss them.

Kibwana, who has stated he is ready to co-operate with the Senate, accused of the County Assembly of Makueni of malicious and baseless allegations, which lacks merit.

“The assembly contravened the Standing Orders by denying me a fair trial. Due process was not followed in my proposed removal,” said the Governor.

But Speaker Ngelwa defended the assembly’s decision to impeach the governor, blaming his executive of refusing to subject to their oversight role.

“The county executive does not want to respond to any queries by the assembly and thereby making it difficult to discharge its operations,” said Ngelwa.

Senate has three days to convene the House, currently on recess through a gazette notice to either form a special committee to determine the matter within ten days or decide on plenary.

Governor Kibwana’s fate now lies with the Senate even as the court order puts the House in an awkward position.

Senate has so far determined three impeachment cases; that of Governor Wambora, Governor Paul Chepkwony (Kericho) and Deputy Governor Bernard Kiala (Machakos).