• The court said it will not interfere with the mandate of the MCAs at this stage
• Ngilu has argued that her impeachment by the Assembly was unlawful and should be stopped.
Image: MUSEMBI NZENGU
Kitui MCAs are at liberty to impeach Governor Charity Ngilu after a court declined to stop debate on her removal motion.
On June 24, Ngilu moved to court seeking to stop her impeachment arguing that it would be a violation of the law.
However, Justice Weldon Korir on Thursday dismissed the application for not meeting the threshold to grant conservatory orders sought.
The court also said it would not interfere with the impeachment process because it’s a long process that has to go through Senate and if House ratifies the assembly, decision then she can move to court.
“Indeed there is good reason why this court should be very slow in interfering with an impeachment process, this is because once the Senate has had its say, parties are at liberty to approach the court on the question of the constitutionality of the impeachment,” the judge ruled.
The court also ruled that Ngilu will not suffer any prejudice if the process is allowed to proceed to conclusion since she will have another opportunity to approach the court for the appropriate remedy.
Korir also held that impeachment cases should be filed in the counties where the process is being carried out to allow the residents to access the courts.
“I wish to observe that impeachment of a governor is akin to an election petition. It would, therefore, be advisable that any person desirous of filing a court case in respect of an impeachment process should approach the High Court,” he ruled.
On the issue that there was no public participation due to Covid-19, the judge said nobody knows when the pandemic will be contained and new ways must be designed for achieving constitutional requirements.
“Legislative business cannot stall because of a disease that is at the moment beyond human control. Ultimately, it is the responsibility of the assembly to ensure that the impeachment meets the constitutional threshold both procedurally and substantively,” the court ruled.
The judge further ruled that failure by the assembly to discharge this duty and failure by the Senate to correct the anomaly by rejecting the impeachment, will render the impeachment an exercise in futility since any legal challenge will lead to the quashing of the impeachment by the Court for failure to adhere to the Constitution and statute.
The court ruled that impeachment of a governor is a process that is well insulated by the law and during the debate at the Assembly, Ngilu can raise the issue of public participation as one of the grounds necessitating the termination of the impeachment motion.
The judge also noted that from the evidence placed in court there was indeed no public participation on the motion but said he will not go into details because the impeachment of a governor is a process that passes many stages.
Edited by R.Wamochie