Embu MCAs impeach Governor Martin Wambora, again

By Joseph Muchiri and Munene Kamau

Embu, Kenya: Besieged Embu Governor Martin Wambora has been impeached, two weeks after the High Court reinstated him. Members of the Embu County Assembly hurried to ensure that they concluded the process of impeaching him before the High Court in Kerugoya town ruled otherwise.

Some 23 MCAs voted to remove him, eight voted against the ouster while two abstained. As the determined members were discussing the motion of impeachment moved by Deputy Speaker Ibrahim Swaleh, Wambora’s lawyers were at the Kirinyaga High Court trying to convince the court to stop the process.

The substantive application seeking to stop the process was delayed at Lady Justice Cecilia Githua’s court as the parties argued about the service of the suit papers as ordered by the court. An attempt by Wambora’s lawyer Nyamu Mate for the court to intervene and have the MCAs stopped from discussing the Motion was fruitless as the Judge said the correct procedure should be followed.

“I think we should just call the Assembly which is discussing the issue and have them stopped since what we are seeking to stop is already going on,” said Nyamu.

The bone of contention was whether Swaleh, who is one of the respondents in the suit, had been served with the court papers.

After listening to submissions, Justice Githua retreated to her chamber to consider the applications and when she emerged she ruled that there was no proper evidence that Swaleh had been served.

By late evening, Wambora’s lawyers were trying to convince the judges to issue orders to stop the county assembly from submitting their deliberations to the Senate.

Avoid nullification

But in the chambers, over two-thirds of the MCAs voted for his removal, which is the threshold, required in such a Motion.

This was a win for those fronting for Wambora’s removal since in the last impeachment attempt only 22 had voted to oust him. This time round the MCAs had vowed to follow the due process to avoid nullification as happened in the first attempt.

However, two MCAs Steve Simba (Runyenjes Central) and Robert Ireri (Kagaari South) opposed the impeachment on grounds that the matter was in court and the Motion would prejudice proceedings.

Speaker Justus Mate, however said they are not aware of any court order restraining the impeachment.

“The court tried to get hold of this matter while the assembly was actively in session. We ruled that the matter will continue in the absence of a court order,” he said.

On Monday, Wambora had moved to court and obtained an order that summoned the speaker, the clerk the county assembly and the Deputy Speaker before it for further directions as Wambora wanted the Motion declared illegal.

The MCAs accused Wambora of gross violation of the Public Procurement and Disposal ACT 2005, public Finance Management Act 2012 and the Constitution.