Blow for Waiguru as court refuses to nullify ouster – KBC

High Court Judge Weldon Korir has dismissed a case filed by impeached Kirinyaga Governor Anne Waiguru that challenged her ouster.

In his ruling, Justice Korir noted that the MCAs were satisfied that the Covid-19 pandemic had been contained in the county and they were free to proceed with the impeachment motion without seeking the authority of the court.

“I have carefully looked at the pleadings of the parties and oral submissions it’s clear to me that the respondents did not violate the orders issued by this court on April 7 when impeaching the petitioner,” the judge said on Thursday.

Judge Korir had barred the MCAs from tabling the motion in April because Waiguru had argued that because of Covid-19, she could not leave her home.

The governor told the court that she had a pre-existing medical condition that had forced her not to leave the house so she could not go to the assembly.

Justice Korir had further ruled that the court cannot interfere with the MCAs’ mandate but because of Covid-19, he had to intervene for Waiguru’s rights not be violated.

Waiguru had challenged the impeachment motion that led to her removal from office.

In an amended application filed in court on Tuesday — the day she was impeached — Waiguru wanted the court to declare the whole process illegal.

“…a declaration that the proceedings commenced by the county assembly in respect of the impeachment motion during the subsistence of the order issued on April 7 are null,” court documents read.

She further noted that many offices were closed and she could not get documents to support her case.

Justice Korir allowed her application and barred the assembly from tabling the impeachment process, pending the hearing of her petition.

However, on Tuesday, the MCAs tabled the motion and impeached the governor, a decision Waiguru said was against the court orders.

Waiguru said she only came to learn of the motion on Monday evening when she was informed that the MCAs were sleeping in the assembly waiting to move and pass the motion.

Through lawyer Waweru Gatonye, Waiguru argued that the tabling, discussion and passing of the motion violate her rights as well as the members of the public who have not been given a chance to participate in the process.

She further wanted the court to stop the county assembly from further discussing the motion. Waiguru argues that Covid-19 is still an issue and so there will be no fair hearing until it is contained to allow everyone to participate.

“As Covid-19 has not been contained nor the petition been heard and determined, the MCAs are in contempt of the order of the court and unless the court grants these orders, the governor will be grossly violated,” Gatonye argued.

Waiguru said 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.