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CJ Willy Mutunga to appoint three judges to hear Kivutha Kibwana's impeachment case

Makueni Governor Kivutha Kibwana. After decades of waiting, thousands of Makueni County residents have finally acquired title deeds to their pieces of land. FILE PHOTO | JENNIFER MUIRURI | NATION MEDIA GROUP

What you need to know:

  • The matter raises substantial constitutional questions which should be resolved by an uneven number of judges.
  • Mr Kibwana was impeached two weeks ago by Makueni County Assembly members over allegations off abetting corruption.

The impeachment case against Makueni Governor Kivutha Kibwana has been referred to Chief Justice Willy Mutunga.

The CJ is expected to appoint a three-judge bench to hear the case.

Lady Justice Lillian Mutende said “the matter raises substantial constitutional questions which should be resolved by an uneven number of judges.”

Justice Mutende allowed an application by Prof Kibwana’s lawyer, Wilfred Nyamu, and directed all the parties to appear before the deputy registrar of the High Court on October 28 for further directions.

Mr Nyamu had urged the court to refer the case to the CJ to appoint a bench of an uneven number of judges to adjudicate over the serious constitutional issues raised by Mr Kibwana in the petition.

Mr Kibwana was impeached two weeks ago by Makueni County Assembly members over allegations of abetting corruption.

The resolution of the county assembly was referred to the Senate to seal the embattled governor’s fate.

However, on October 10, Justice Mumbi Ngugi issued an order that barred the Senate from deliberating the impeachment of Mr Kibwana.