Blow to Monda as petitioner challenging his impeachment withdraws case
Ousted Kisii Deputy Governor Robert Monda when he appeared before the Senate on Wednesday, March 13, 2024 for his impeachment hearing.
Former Kisii deputy governor Dr Robert Monda suffered a major blow on Friday after a petitioner challenging his impeachment in the Senate applied to withdraw the case.
Appearing before Nyamira High Court judge Winfrida Okwany, Mr Jared Mairura Ratemo said he wanted to withdraw the petition on his own volition.
"I am the petitioner in this case. I have applied to withdraw the petition. I informed the court of my decision in writing. I also informed the court of my decision to change my lawyer," Mr Mairura said.
There was a dispute in court over who should represent Mr Mairura, with two different lawyers appearing for the petitioner.
But Mr Mairura maintained that his new lawyer, Mr Munyalo Muli, was legally representing him and had nothing to do with the initial advocate, Ms Kariuki Owesi.
Justice Okwany ruled that Advocate Kariuki had no reason to continue representing a client who clearly no longer needed her services.
She ordered Mr Muli to continue representing Mr Mairura.
The petition against the Senate was filed by Mr Mairura at the Machakos magistrate's court on March 20, 2024. It was transferred by Justice Francis Rayola to be heard by Justice Eric Ogola of the Milimani Commercial Court-Nairobi on April 10, 2024.
"It is hereby ordered that in order to maintain the status quo and allow the petitioner to ventilate the issues raised in this petition, no gazette shall be issued declaring the seat of the Kisii County DG vacant until the date mentioned," Justice Rayola said.
A week later, Mr Ratemo, through Munyao Muli & Company Advocates, sought to withdraw the case from the Milimani court, but the judge dismissed the application, saying the matter was one of public interest.
"Be it noted that the petitioner herein has withdrawn the entire suit and all related orders," the court papers read.
The judge later transferred the case to Nyamira, along with all other matters relating to Dr Monda's impeachment.
Dr Monda's lawyers, led by Mr Katwa Kigen, were dealt another blow when Justice Okwany refused to extend the orders made by the Machakos and Milimani courts.
"Today I am not giving orders. I have only dealt with the question of representation. We will make other decisions later, at the next hearing on March 16, 2024. As you can see, these issues have been brought before me today and I need time to familiarise myself with the matters before me," said Justice Okwany.
Lawyers for the Kisii County Assembly and the Kisii County Speaker questioned the manner in which many petitions had been filed in various courts across the country on the same matter and on what grounds it had been transferred to Nyamira.
Dr Monda, in a desperate bid to return to the seat after being impeached by the Senate and Kisii County Assembly, has filed five different cases to help him return to office.
Dr Monda, along with his proxies and political allies, have been in the corridors of justice, seeking court orders and rulings that could potentially allow his imminent return to office.
Last week, the embattled former DG, through another petitioner, Purity Moraa, successfully persuaded a Machakos court to issue an order that the DG's position should not be filled pending the hearing of the petition.
