16 April 2014

Kenya: Kerugoya Court Reinstates Ousted Embu Governor Wambora

The High Court sitting in Kerugoya has reinstated ousted Embu Governor Martin Wambora Nyaga and declared his impeachment null and void. The court in its ruling also found that Embu County Assembly speaker Justus Kariuki Mate could face contempt of court charges for instituting the impeachment of Wambora despite a High Court order that had barred the process.

The judges said that, "had the Senate investigated Wambora's case, it would discover it was done in violation of the court order in the County Assembly," adding that in their view, it was not the intention of the framers of the constitution to make the lustre of a governor so easy.

Wambora was first impeached by the Embu County Assembly for violating the procurement law, the County Government Act, the constitution and abuse of office.

A special Senate committee then voted on February 14 to impeach Wambora after it found that he was culppable for the offenses he has been accused of.

Three out of five charges which the Embu MCA had accused the governor were found to have been substantiated while two other charges were not.

In a report tabled in parliament on Wambora was adjudged to be guilty of violating the Public Procurement and Disposal Act 2005 and Regulations 2013. He was also found to have violated the constitution and the Public Finance management Act.

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