Trio contest MP Kagombe's Kiambu tea factory role
Gatundu South MP Gabriel Kagombe makes a call at the Machakos law courts on June 7, 2024.
What you need to know:
- The petitioners argue that Mr Kagombe’s stay in office amounts to a conflict of interest, because he is a serving member of the National Assembly and a state officer.
- This, they argue, means he will continue drawing two salaries from the government. Mr Kagombe was appointed as Director of Theta and Ndarugu Tea Factory last month.
The troubles facing Gatundu South MP Gabriel Kagombe seem to be far from over after three petitioners moved to court seeking the nullification of his election as Director of Theta and Ndarugu Tea Factory in Kiambu.
The petitioners argue that Mr Kagombe’s stay in office amounts to a conflict of interest, because he is a serving member of the National Assembly and a state officer.
This, they argue, means he will continue drawing two salaries from the government. Mr Kagombe was appointed as Director of Theta and Ndarugu Tea Factory last month.
He garnered 17 votes against his closest competitor, Mr David Muni Ichoho, a former Kenya Tea Development Authority(KTDA) chairman, who got 14 votes.
But the petitioners argue that his installation violates Chapter Six of the constitution because the legislator is facing murder charges following the death of David Nduati, a 26-year-old boda boda rider in Thika town, on May 17.
''Petitioners question the validity of Gabriel Gathuka Kagombe’s candidature, election, and tenure of Theta and Ndarugu Tea Factory Company Limited,’’ the petitioners— Wanjeri Nderu, Head of Secretariat Linda Katiba, Samuel Mbugua and Nahason Mathu— argue in their application.
A Milimani court has already issued orders directing that the petitions be transferred to Kiambu High Court for hearing and determination, citing jurisdiction matters.
''I have read the Notice of Motion Application dated 02/08/2024, the certificate of urgency of even date, together with attached chamber summons, affidavits sworn by Wanjeri Nderu, and the attached documents and note the cause of action has roots in Kiambu county,’’ Judge L.N. Mugambi said while delivering the orders.
“Rule 8(1) of The Constitution of Kenya (Protection of Rights and Fundamental Freedom) Practice and Procedure Rules, 2013 states that every case shall be instituted in the High court within whose jurisdiction the alleged violation took place. I therefore direct that this file be transferred to Kiambu High Court for hearing and determination.”
