NAIROBI: Embu Governor Martin Wambora lost his seat for the second time Thursday after the High Court sitting in Nairobi dismissed his petition challenging his impeachment last year.
But characteristic of the governor's nine-life political history, the same court suspended its decision only 15 minutes after delivering it, to allow Wambora challenge it at the Court of Appeal.
The judges suspended their decision for 14 days, meaning Wambora will continue holding office for that period, as he prepares his appeal.
The governor had expressed apprehension that if the High Court ruling was not suspended, his deputy Dorothy Nditi would be sworn in as new governor immediately.
Wambora whose name is now almost synonymous with impeachment, was challenging the decision of the Senate to impeach him for the second time.
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Wambora has been in and out of court fighting his removal from his prestigious position and trying to stop his deputy from being sworn in as his replacement.
His first impeachment in February, 2014 was overturned by the High Court in Embu, following a successful petition.
But that did not stop the Embu County Assembly from impeaching him on the same allegations of misconduct, a decision that was again confirmed by the Senate.
The governor went back to court and obtained orders stopping his deputy, Nditi from assuming the office. Justice Richard Mwongo directed then that the governor remains in office till his petition was heard and determined.
Wambora challenged a committee of the Senate which recommended that he be impeached, arguing that move was unconstitutional. He asked the court to quash the Senate's decision made on May 13, 2014 to remove him from office.
Another case was also filed by 35 Embu residents claiming they had not been involved in the impeachment and asked that the Senate decision be quashed. The two cases were consolidated.
The residents also told the court that they feared that their views had not been heard and that would lead to the swearing in of the deputy governor.
The petition, they said, raised serious issues that would have a bearing on the establishment of the county government.
Wambora argued that members of the public should have been involved in the removal of the governor, saying the people of Embu were denied the opportunity to participate.
"Public participation is a precondition to the removal of a governor, it's not the exclusive affair of the county Assembly," he asserted through his lawyer......
However three judges Mwongo, Weldon Korir and George Odunga ruled Thursday that due process was followed during the impeachment.
"Those who wish to put across their views on the impeachment of the governor should do so though the final decision lies with the county Assembly," the judges said.
The judges emphasized that public participation is important, "to avoid a situation where a popular governor is removed due to vendetta, malice or bias".
The bench stated that the removal process that requires the public to be heard was accorded.
Following the decision, Wambora's lawyer Wilfred Nyamu immediately applied for a stay of the judgment saying they intended to appeal against it.
The lawyer convinced the court that if the decision was not put on hold, Wambora's deputy would be sworn in as Governor and his client would not have anything left for him to fight over in court.
The judges acknowledged that the impact of their decision was serious and if it was not suspended, Wambora's intended appeal would be useless.
"In this case we agree that unless conservatory orders are granted the petitioners' intended action may as well be rendered an academic exercise," the judges said observing that he has a right of appeal.
