Embattled Kirinyaga Governor Anne Waiguru has been dealt a blow after the High Court declined to annul her impeachment.
In a ruling on Thursday, Justice Weldon Korir said the Kirinyaga Members of County Assembly did not violate any court order in the Tuesday impeachment.
23 MCAs voted to impeach Waiguru, while four abstained. Six members were absent from the session.
Justice Korir ruled that the MCAs acted within their mandate and that stopping the Senate from handling the complaint would be interfering with its functions.
Waiguru, who was impeached on grounds of gross violation of the Constitution, abuse of office and gross misconduct, had taken the battle to court arguing that the MCAs acted in contempt of court orders in voting to remove her from office.
In an urgent application filed on Wednesday, Waiguru asked the court to declare her impeachment null and void pending the hearing and determination of the case.
Waiguru told the court that the impeachment proceedings were carried out without granting her a right to be heard and without affording the members of the public a chance to participate as outlined in the amended petition.
Justice Korir had in April barred the MCAs from tabling the motion in the assembly after Waiguru told the court that she had a pre-existing medical condition and because of the Covid-19 pandemic she couldn’t leave her home.
Korir said allowing the motion to be debated would deny the Governor the right to a fair hearing.
Waiguru’s fate now lies with the Senators who will either uphold the impeachment or save her.
The impeachment motion against Waiguru was tabled by Mutira Ward MCA David Kinyua.
Kinyua accuses Waiguru of gross violation of the Constitution by failing to deliver the annual State of the County address to the County Assembly.
The governor is also accused of using her office to improperly confer a benefit to herself when she was irregularly paid for travel allowances by way of imprests amounting to Ksh10.6 million yet she did not travel.
The amount was reportedly paid to her personal account in the name of Anne Mumbi Waiguru held at Equity Bank.