Kiambu UDA Senate nominee Karungo Wa Thang'wa has told the IEBC Dispute Resolution Committee that he was never impeached.
Thang'wa was the Kiambu county Youth Affairs, Sports and ICT executive before the county assembly resolved to impeach him, but governor never actualised it.
Speaking through his lawyer, Ng'ang'a Mbugua, Thang'wa said there exists a resolution by Kiambu county assembly to have him impeached, a decision that was quashed by then Governor Ferdinand Waititu.
"In a letter dated November 21, 2019, Kiambu county assembly speaker wrote to the then governor on the dismissal of a resolution by the assembly to dismiss Thang'wa for gross abuse of the office," Mbugua told the panel.
In his response, dated November 27, 2019, Governor Waititu told the speaker that the assembly's decision to dismiss the executive was unlawful because there was a court order barring them from interfering with the position.
"I will therefore not dismiss Thang'wa as that will contravene the order of the court," Mbugua read Waititu's letter in part.
Mbugua told the panel that the county returning officer Arnold Mutwiri erred by declining to clear his client to vie for the senatorial position.
The lawyer further said Thang'wa had been denied the opportunity to prove his suitability and qualification for the position. "The returning officer has not attached evidence of Thang'wa being removed from office."
"He has never been removed from office and there was no complaint before him that would have afforded him a chance to defend himself," Mbugua added.
Mutwiri said he did not delve into the matter as he had a communique from the chairperson of IEBC questioning his suitability.
Mbugua said Thang'wa continued to earn a salary till January 2020, adding that his client was never dismissed until Waititu was impeached on January 28, 2020 by the Senate.
The lawyer also brought to the attention of the panel a decision by a three-bench judge that asked IEBC to allow Thang'wa to present his qualifications to them.
The court had dismissed an earlier order by the judge that had restrained IEBC from clearing the former executive.
There is still a pending suit in court on the eligibility of Thang'wa, seeking to bar him from vying for elective position.
A voter, Kelvin Njui Wangari, has petitioned the court to bar Thang'wa from the polls on grounds that he was impeached from office on alleged gross misconduct.
The committee will determine the matter on June 18.
(edited by Amol Awuor)
“WATCH: The latest videos from the Star”
