Embu, Kenya: Embu Governor Martin Wambora lost his seat for the second time yesterday after the High Court sitting in Nairobi dismissed his petition challenging his impeachment last year.
But in a twist characteristic of the governor's nine-lives political history, the same court suspended its decision only 15 minutes after delivering it, to allow Mr Wambora challenge it in 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 the 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.
He has been in and out of court fighting his removal from the 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 Ms Nditi from assuming office. Justice Richard Mwongo directed the governor to remain in office until his petition was heard and determined.
Wambora 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 for the Senate decision to be quashed. The two cases were consolidated.
The residents also told the court they feared that their views had not been heard, which 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 the public should have been involved in the removal of the governor.
"Public participation is a precondition to the removal of a governor; it's not the exclusive affair of the county assembly," he said through his lawyer Wilfred Nyamu.
However, justices Mwongo, Weldon Korir and George Odunga yesterday ruled that due process was followed during the impeachment. They said the removal process requiring public participation was followed.
