High Court temporarily reinstates embattled Embu Governor Martin Wambora

By Francis Ngige and Munene Kamau

Nyeri, Kenya: Embattled Embu Governor Martin Wambora has been handed a lifeline by the High Court.

He is now free to resume his duties after a three-judge bench sitting in Kerugoya reinstated him.

The bench constituted by Chief Justice Willy Mutunga suspended a gazette notice by the Senate impeaching Wambora.

His supporters, who had jammed the court, broke into song and dance when the judges ruled on an urgent application he filed Wednesday afternoon.

The judges sitting in Kerugoya temporarily stayed the gazette notice until Tuesday when the application challenging the Senate’s decision would be heard.

Justices Hedwig Ong’undi, Cecilia Githua and Boaz Olao allowed an ex-parte application by lawyer Ahmednasir Abdullahi appearing for Wambora.

Full hearing

The judges directed Abdullahi to serve the application to all the parties concerned before the matter could proceed to full hearing.

Delivering the ruling on behalf of her colleagues, Justice Ong’undi said the court was satisfied that the matter was urgent and that there was need to issue the conservatory orders.

“After perusing the court order by Justice (David) Majanja, we are satisfied that the interim orders are necessary. We direct that the applicant serve all the respondents before the application is heard inter-partes,” Justice Ong’undi said.

Apart from Abdullahi, others lawyers appearing for Wambora included Peter Wanyama, Issa Mansur, David Njoroge and Wilfred Nyamu.

Persuading the court to suspend the gazette notice, Abdullahi said the process of impeaching Wambora was an illegality since there was a court order stopping the move.

The lawyer claimed that the Senate and Embu County Assembly proceeded with the procedure to remove Wambora despite an order issued by Justice Majanja.

“If this court cannot protect itself or bite as it is required, then this will create a crisis as no one would be bound by any court order. You need to assert yourself or else nobody will come to court to seek justice,” the lawyer said.

He argued that by failing to freeze the gazette notice, the court would be failing in its duty of protecting the rule of law.

“The orders we are seeking will roll back the clock to the day when Justice Majanja issued orders restraining the Senate from proceeding with the debate. From that day, no legitimate action could be taken whether by the Senate or any other body,” Abdullahi argued.

He added: “Any action taken after the court order is worthless and this court ought to stick to that. Whether the action is by the Executive, legislature or any other body, the same is null and void.”

In their ruling, the judges said it was clear from the court records that there was a court order stopping the impeachment process.

“We have seen the court order by Justice Majanja, which is annexed here, and are satisfied that the application raises substantive issues which need to be addressed,” the court ruled.

Before the orders were granted, the judges declined to allow lawyer Kibe Mungai, appearing for the Deputy Governor Dorothy Nditi, to argue in the application.

“We have looked at the ex-parte application before us and it is clear that the deputy governor is not party to it. So we shall not hear you,” the judges told Mungai.

Earlier, there was a heated argument between Mungai and Abdullahi over the status of Ms Nditi.

While Mungai argued that Nditi had already assumed the responsibilities of the governorship as envisaged in the Constitution, Abdullahi insisted, “She could not benefit from an illegality.”

“Dorothy Nditi is the governor by the virtue of the constitutional provision so she should be part of these proceedings. There is no provision that an oath must be administered for her to assume her duties,” Mungai submitted.