Wambora not reinstated, say judges

By MUNENE KAMAU

Three High Court judges hearing the petition against the impeachment of Embu Governor Martin Wambora have clarified that he has not been reinstated.

Reacting to reports that Mr Wambora resumed his duties on Monday, Justices Hedwig Ong’undi, Cecilia Githua and Boaz Olao said they only stayed the gazette notice announcing Wambora’s impeachment.

In a session convened yesterday evening, the judges said they “only issued conservatory orders in relation to a gazette notice.”

“Our attention has been drawn to a report in appearing in today’s (yesterday) newspaper under the heading ‘Wambora resumes office as fight rages’. This court wishes to take this earliest opportunity to clarify that at no time has it reinstated Mr Wambora back to office,” the judges stated.

The judges added: “As far as this court is concerned, granting of the prayer to stay the gazette notice did not amount to a reinstatement. Indeed there can be no misconception about the import of that interim order because, in the same notice of motion, there is specific prayer of reinstating Wambora back to office. This was not granted.”

The judges said since the issue was still pending in court, parties involved in the proceedings should not comment on it.

“We advise parties to desist from making comments that are prejudicial to this proceedings. They are further advised to desist from giving their own interpretation to orders issued by this court,” the statement said.

Wambora’s lead lawyer Paul Muite, however, told the court he was not concerned about what was reported by the media but by the public pronouncements made by some politicians.

Public utterances

“My concern is not what has been reported by a section of the Press, but the continued public utterances being made by the Speaker of the National Assembly, the Speaker of the Senate and the Majority Leader of the Senate about the matter before this court,” Muite submitted.

Lawyer Kibe Mungai, appearing for Deputy Governor Dorothy Nditi, told the court he was witness to some statements made by some of the lawyers outside the court when the matter first came up for ex-parte hearing.

“Such misleading statements are causing anxiety within Embu County and it is my prayer that this case is heard and determined expeditiously,” Mungai said.

When the matter came up on Monday for inter partes hearing, Wambora was reported to have rode in a convoy to Embu after the proceedings where he addressed his supporters within the compound of his office in Embu town.

The ruling of the application has been slated for March 10, but Mungai urged the court to see if it could bring the date closer to end tension.