What you need to know:
- Lady Justice Mumbi Ngugi granted the orders sought by lawyer Wilfred Nyamu on behalf of Prof Kibwana.
- The judge heard that the impeachment motion was discussed without the observance of the principles of natural justice.
- She directed that the case be transferred to Machakos High Court for hearing and determination.
- Nyamu said that the constitutional and fundamental rights of the Governor were violated as he was not heard before the county assembly impeached him.
The Senate has been barred from deliberating the impeachment of Makueni Governor Kivutha Kibwana.
High Court judge Lady Justice Mumbi Ngugi granted the orders sought by lawyer Wilfred Nyamu on behalf of Prof Kibwana.
Mr Nyamu stated in the case he filed under a certificate of urgency that already a resolution paving the impeachment of Prof Kibwana had been forwarded to the Senate by the county assembly of Makueni.
He urged the judge to certify the case urgent submitted that the county assembly had already discussed and passed a motion for the removal of Prof Kibwana.
“Unless this court intervenes and grants a temporary relief, the Senate will proceed to discuss, deliberate and act on the recommendation of the county assembly of Makueni which has since passed the motion to remove Prof Kibwana as the chief executive of the,” Mr Nyamu told the judge.
The lawyer told the judge that on October 6, 2014 Prof Kibwana received a letter inviting him to appear before the assembly to respond to a motion tabled in the county assembly touching on his conduct.
NO SUPPORTING DOCUMENTS
The judge heard that on the same day, a four page document without any supporting annexures was delivered to the governor’s office. The document contained an array of allegations.
“Prof Kibwana prepared a detailed response to the motion denying every allegation and pointing out that there was no documentation attached to substantiate any of the allegations,” Mr Nyamu said.
He added that the assembly went ahead and passed a motion to impeach the governor.
The judge heard that the impeachment motion was discussed without the observance of the principles of natural justice.
Mr Nyamu pleaded with the judge to issue a conservatory order restraining the speaker of the Senate from “introducing, discussing, seizing or otherwise deliberating the impeachment of Prof Kibwana based on the resolution forwarded by the Makueni County Assembly.”
He said that the constitutional and fundamental rights of the Governor were violated as he was not heard before the county assembly impeached him.
In her brief ruling Justice Ngugi certified the case filed by the Council of Governors, Prof Kibwana and the Makueni County Executives as urgent.
She directed that the case be transferred to Machakos High Court for hearing and determination before the Machakos Resident Judge on October 16, 2014.
Mr Nyamu was ordered to serve the pleadings on the Makueni County Assembly, the Speaker of the Senate Ekwe Ethuro, the Senate and the Attorney General who have been named as the respondents.