Kirinyaga Governor Anne Waiguru’s impeachment has been halted temporarily by the High Court over Coronvirus pandemic on the grounds that it would violate her constitutional rights to a fair trial.
According to Judge Weldon Korir’s ruling, both parties involved will not be accorded a fair ruling due to the Menace that has encumbered the country.
For instance, Judge Korir cited that the case would be ruled and determined when COVID-19 pandemic is over despite acknowledging that the MCAs are carrying out their constitutional mandate.
“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.
In addition, the High Court declined to stop the proceedings of the Kirinyiga County Assembly as had been applied by two MCAs with the Judge stating that it had no constitutional mandate to adjourn the sittings in the county assembly.
“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 stated.
Earlier last week, Mutira MCA Kinyua Wangui was preparing a motion to oust Kirinyaga Governor Anne Waiguru over alleged gross violation of the Constitution, abuse of office and gross misconduct.
The county assembly speaker had already acknowledged receipt of the motion and was awaiting the official filing.
“The County assembly NOW resolves to remove Hon. Anne Mumbi (herein referred to as the County Governor) from the office of the county governor of Kirinyaga, pursuant to Article 181 (1) (a) & (c) of the Constitution of Kenya 2010, Section 33 of the County Governments Act, 2012 and the County Assembly Standing Order. No 58,” read the motion in part.
It was reported that the assembly’s majority leader James Kamau Murango commented on the issue and ignited the wrath of Jubilee Party Secretary-General Raphael Tuju.
Through a letter, Tuju dismissed Murango as the majority leader citing gross misconduct for going against the party directives.
‘It is no longer tenable for you to lead Government business in the county assembly, we find this behavior of refusing to listen to the party headquarters to be gross misconduct as articulated in article 13 of the party constitution,” read the letter in part.
The move angered Gatundu South MP Moses Kuria who condemned Tuju’s acts stating that he was not mandated to fire and interfere with County Assembly matters. He added that Tuju’s roles were linked to the party and not the assembly.
“It is curious why Raphael Tuju and his owner-occupiers at Jubilee Party did not act with the same alacrity in Kiambu county. One wonders whether Hon Tuju is the Secretary-General of Jubilee Party Kirinyaga Branch,” Kuria critiqued.