COURT WON'T INTERFERE

Ngilu summoned to defend herself before impeachment debate

Governor told to appear with maximum of two legal counsels, will have two hours.

In Summary

• Governor accused of contempt towards the county assembly and the MCAs, fiscal impropriety, abuse of office and conflict of interest.

• Court dismissed Ngilu's application saying it did not  meet the threshold to grant conservatory orders to stop the debate on her impeachment.

Kitui Governor Charity Ngilu and the Kitui assembly speaker George Ndotto at a function in Kitui Central.
IMPEACHMENT: Kitui Governor Charity Ngilu and the Kitui assembly speaker George Ndotto at a function in Kitui Central.
Image: Musembi Nzengu

The Kitui county assembly has summoned Governor Charity Ngilu to defend herself against accusations forming the grounds for her possible impeachment. 

A letter to Ngilu from Speaker George Ndotto, however, told her to appear at 10am with two legal counsels on Wednesday.

“Kindly, note that you may appear in person or through legal counsel. Seeing that the county assembly is extremely constrained of space, should you choose to appear in person, you may be accompanied by two legal counsels,” the letter reads.

“In the event you choose to appear through legal counsels, you may be represented by utmost two legal counsels without any legal assistant.”

 

Ngilu was further asked to prepare to confine her defence and response to allegations against her to a maximum of two hours.

Ndotto declared that the motion sponsored by Majority leader Peter Kilonzo will be considered by the MCAs between July 15 and 17.  

Thirty-nine out of 54 MCAs signed up in support of Kilonzo’s motion to impeach Ngilu. The rep accuses Ngilu of gross violation of the Constitution and the County Government Act.

Ngilu is further accused of contempt towards the county assembly and the MCAs, fiscal impropriety, abuse of office and conflict of interest.

Two weeks ago, plans to debate the motion were thwarted when the governor obtained High Court orders suspending the debate. However, Justice Weldon Korir last Thursday vacated the conservatory orders paving way for the impeachment process.

Justice Korir dismissed the application saying it did not  meet the threshold to grant conservatory orders to stop the debate on her impeachment.

He said the court would not interfere with the 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". 

“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. 

Edited by R.Wamochie 

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