The High Court has temporarily stopped the impeachment of Kirinyaga Governor Anne Waiguru on grounds that the current Covid-19 pandemic will violate her Constitutional rights to a fair hearing.
Judge Weldon Korir on Tuesday ruled even though the MCAs were carrying out their mandate, the current coronavirus crisis will not accord parties a fair hearing.
The judge ruled that the orders will run until the case is heard and determined or when the coronavirus pandemic is over, whichever comes first.
“As such the order shall remain in force pending the hearing and determination of the petition or the containment of the Covid-19 pandemic, whichever event occurs first,” the judge ruled.
At the same time, the court declined to stop proceedings of the Kirinyiga County Assembly as had been applied by two MCAs.
Justice Korir held that he does not think that his court has powers to adjourn the sittings of a county assembly and he was not convinced that the MCAs deserved any orders at this state.
“What happens if this court closes the assembly and a need arises to urgently convene it to debate measures in regard to the Covid-19 pandemic? The applicants who are members of the Assembly are inviting chaos by asking the court to interfere with the operations of the Assembly,” he ruled.
The Kirinyaga Jubilee branch had asked the party headquarters to revoke the nomination of 13 MCAs for supporting the impeachment of Governor Anne Waiguru.
Chairman Muriithi Wakang’ara and other party officials said the MCAs should put more effort into coming up with policies and frameworks in the war on coronavirus rather than engaging in “non-issues”.
Last week, Jubilee Party Secretary-General Raphael Tuju wrote to assembly majority leader James Murango dismissing him from his position.
Tuju noted that some of the complaints by the MCAs against Waiguru were personal while others needed to be resolved through party organs.
In the impeachment motion, the MCAs accuse the governor of gross violation of the Constitution by not delivering the annual state of the county address to the assembly.
Waiguru undermined the authority of the county assembly by not submitting county plans and policies for approval and failing to table annual reports on implementation status, they charged.
She is also accused of violating the Public Procurement and Disposal Act and Public Finance and Management Act by establishing an irregular tender evaluation committee composed of her partisan staff, Pauline Kamau and Wayne Gichira, who take direct instructions from her, they said.
Waiguru has dismissed the grounds for her proposed impeachment, terming them flimsy.
On her failure to address the assembly, Waiguru said it was not a constitutional requirement, but she pointed out she had done so twice since her election in 2017.
Regarding accusations that she pocketed travel allowances despite not travelling, the governor said when she was issued with an imprest and the trip did not materialise she surrendered the money.
THE STAR
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