Nyeri Governor Nderitu Gachagua moves to court to block ouster

Besieged Nyeri Governor Nderitu Gachagua has moved to the High Court to block the County Assembly and Senate from proceeding with the process of his impeachment.

The embattled governor is seeking a lifeline from the judiciary against the decision to oust him as county chief over alleged gross misappropriation of funds.

On Monday, his lawyers Issa Mansur, Peter Wanyama and Fred Ngatia filed a notice of motion under a certificate of urgency seeking conservatory orders to stay the implementation of the decision by the County Assembly to impeach him.

Gachagua is also seeking conservatory orders to restrain the Senate from taking action against him on the motion to impeach him passed Friday by 32 members of the County Assembly.

His lawyers argued that the whole process was flawed and has effectively infringed Gachagua's right to hold public office.

Peter Wanyama said that the notice of motion forwarded to Gachagua on August 26 did not contain documentation showing that at least a third of the MCAs had verified the grounds for his impeachment.

The lawyers relied on precedents set by the High court and Court of Appeal during the impeachment of Embu governor Martin Wambora.

Despite the High court and Court of Appeal unanimous finding that impeachments are quasi-judicial in nature, Wanyama said the governor was not given a hearing.

“The rules of natural justice and fair administrative action must be observed,” he submitted.

On Friday, Gachagua's lawyers were turned away at the County Assembly grounds while the impeachment motion was being debated as they attempted to table evidence to oppose the allegations.

“Despite all explanations, the speaker and clerk of the assembly dismissed the governor's legal counsel stating that the County Assembly was not a court of law and that the governor must attend personally.”

The assembly had knowledge that the governor would be represented by his counsel.

Through his sworn affidavit, Gachagua contends that he was not given any document in support of the allegation against him during the entire impeachment process despite numerous requests.

Justice John Mativo certified the matter as urgent. However, he did not give orders as to the interim conservatory orders sought.

"I am persuaded that the applicant has sufficiently demonstrated the urgency to the said application."

He added: "Accordingly, I hereby make orders that the application is hereby certified as urgent and the same is admitted for hearing on priority basis."

The court directed that the applicants should serve the County Assembly and the Senate with the suit for hearing on September 12.