LOCKED OUT

Senate to probe Samboja’s removal despite court order

Deputy speaker to issue a final ruling on whether the courts cannot halt proceedings of a house of Parliament

In Summary

• Senate formed 11-member select committee to debate on Taveta Governor's impeachment but was locked out by the courts. 

• The Deputy Speaker asked the committee to expedite the hearing and give its verdict in 10 days. 

Taita Taveta Governor Granton Samboja at a past event
'EXPEDITE MATTER': Taita Taveta Governor Granton Samboja at a past event
Image: SOLOMON MUINGI

The Senate will continue with its proceedings to investigate allegations that led to the impeachment of Taita Taveta Governor Granton Samboja despite a court order.

Deputy Speaker Kithure Kindiki said he will issue a communication on whether the court can injunct Parliament on Tuesday next week. 

Samboja had served the Senate with court orders barring it from inquiring into grounds for his impeachment by the county assembly until a case he filed in court is heard and determined. 

Kindiki ordered the special committee appointed to probe the allegations levelled against Samboja to proceed with its work, saying that he gives further directions on the matter on Tuesday next week.

He said he will issue a final ruling on whether the courts cannot halt proceedings of a house of Parliament.

However, Kindiki directed the committee chaired by Embu Senator Njeru Ndwiga and deputised by Migori counterpart Ochillo Ayacko to proceed and invite the governor and the leadership of Taita Taveta assembly.

“I direct that the special committee on the impeachment of Taita Taveta Governor carry on with its proceedings unabated and without any interruption by any arm of government,” the senator ruled. 

The Deputy Speaker asked the committee to expedite the hearing and give its verdict in 10 days.

Majority leader Kipchumba Murkomen said the court cannot injunct Parliament.

“The Senate is not a liquor licensing board to be injuncted. This is a matter that is time-bound. We must make a decision that Parliament has been injuncted or not. This will set a bad precedent,” he said.

Bungoma Senator Moses Wetang'ula said the House Standing Orders do not provide for an injunction.

“There is no reason for a stay. There is no provision to stay the proceedings of a committee. I want to urge you to rescind that decision."

Kakamega's Cleopas Malala said there was harm in the special committee probing the impeachment. He reiterated the people of Taita Taveta should be given an opportunity to air out their grievances without court interference.

“The people of Taita Taveta have spoken through their MCAs. It is fair that the House adjudicates this matter. We shall listen to governor, residents and MCAs of Taita Taveta,” he said. 

Edited by R.Wamochie 

WATCH: The latest videos from the Star