Decision touching on Ngilu impeachment case expected today

The High Court will today rule whether to enjoin several residents of Kitui County in a case challenging the impeachment of Governor Charity Ngilu by the County Assembly.

In two separate applications which were filed at the Milimani High Court on Monday, the residents claim that the impeachment is a weighty matter that concerns them as voters and therefore want to be part of proceedings challenging the process.

The first application was jointly made by six residents whose nomination to the County Public Service Board by Ms Ngilu was rejected by the County Assembly two months ago.

The six are Francis Muinde Kiliku, Jane Mwende Kibati, Bernard Munyasya, Joseph Kyavoa, David Munyao and Esther Kasyoka Muthui.

“The applicants are members of the public and registered voters in Kitui County, whose interests are constantly being referred to in the petition before court,” read their joint affidavit seen by Nation.

Nomination of the six is one of the grounds cited in the impeachment motion by Majority Leader Peter Kilonzo, where he accuses the Governor of violating the County Government Act by failing to constitute a County Public Service Board.

They residents claim they were not involved or consulted prior to the filing of the motion to impeach her despite having had their say in the election and appointment to office of Members of County Assembly (MCAs).

As interested parties, the six have asked the court to enjoin them in the case where Ms Ngilu has sued the County Assembly.

RUSHED TO COURT

Last week, Justice Weldon Korir issued conservatory orders stopping the impeachment process until the case filed by the Governor is heard and determined.

She moved to court on June 25 seeking to halt the impeachment process. She sued the County Assembly, the Speaker and the Clerk of the Assembly, who are listed as the first, second and third respondents respectively.

She argued that her constitutional rights under Articles 27, 28, 40, 47 and 50 of the Constitution have been violated by plans by Majority Leader and Athi ward MCA Peter Kilonzo to table the motion.

The Governor told the court that she had been condemned unheard and that her rights to a fair administrative action and fair hearing under Article 47 of the Constitution of Kenya 2010 were being infringed upon by the Assembly.

Justice Korir granted interim orders giving Mrs Ngilu a temporary reprieve of about 12 days and set inter-party hearing of the case to July 6.

“That pending the hearing and determination of this application inter parties, an interim conservatory order be and is hereby issued suspending the tabling, debating and considering and or acting upon the impeachment motion by members of the first respondent,” reads the order.

In the second application, three other residents -- Queen Masila, Gustus James Mutiso and Jones Nundu -- have also applied to be enjoined in the suit.