Court declines to stop Murang'a Governor Mwangi wa Iria impeachment

Murang'a County Governor Mwangi Wa Iria addressing the media refuting allegations that he has misappropriated county funds, with him is Deputy governor Augustine Gakure (r) at a Nairobi hotel on 07/09/15 PHOTO: JENIPHER WACHIE

The Senate will today begin assessing whether the impeachment of Murang'a Governor Mwangi wa Iria by the county assembly has merit after the High Court declined to stop the process.

Yesterday, the High Court declined to issue orders stopping the Senate from considering the process of impeaching wa Iria.

Justice Joseph Onguto dismissed the petition filed by the governor on grounds that he did not prove to court how he would suffer prejudice if he appeared before the Senate.

In the ruling, Justice Onguto said the Senate was free to pursue the governor's impeachment adding that "Wa Iria should not shy away from a constitutional process".

In the petition, the governor claimed that he was denied a fair hearing since he was not invited to defend himself before the county assembly.

Onguto, in the ruling, said the invite to appear before the committee was made in the daily newspapers.

Wa Iria wanted the court to order his reinstatement to head the county after the impeachment move by MCAs.

Onguto said the Senate was entitled to protect the interests of the public and it has not been clearly demonstrated how the people of Murang'a would suffer if the orders sought are not granted.

Wa Iria's lead counsel Paul Muite made an application for the stay of the ruling but was opposed by the Senate lawyer Mbuthi Gathenji.

"I find no prejudice that the governor will suffer if he appears before the Senate," ruled Onguto.

Through his lawyer Mbugua Ng'ang'a, wa Iria had moved to court under a certificate of urgency seeking orders to stop the Senate speaker from approving a motion to remove his client from office before he is heard.

Mr Ng'ang'a argued that by denying the governor opportunity to be heard, the 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. Onguto also denied wa Iria a stay of the ruling.