High Court Declines to Nullify Anne Waiguru's Impeachment

The High Court has declined to suspend Kirinyaga County Assembly’s decision to impeach Governor Anne Waiguru.

On Thursday, Justice Weldon Korir dismissed a case filed by Waiguru challenging her removal from office on grounds that the assembly acted against an order issued by the court.

Justice Korir ruled that Kirinyaga MCAs were satisfied that the Covid-19 pandemic had been contained in the county and were, therefore, free to proceed with the impeachment motion without the court’s authority.

“I have carefully looked at the pleadings of the parties and oral submissions it is clear to me that the respondents did not violate the orders issued by this court on April 7th when impeaching the petitioner,” judge Korir stated.

He indicated that the order halting the ouster motion against Waiguru was only granted as a result of issues raised that were related to the Covid-19 pandemic.

“In the circumstances, I do not find any merits in the motion dated June 9th, 2020. The application is hereby dismissed with costs to respondents,” judge Korir added.

Waiguru had pleaded with the court to suspend any resolutions passed or made by the MCAs with regard to her impeachment. She further wanted the impeachment proceedings initiated at the Kirinyaga County Assembly declared as null and void.

She accused the MCAs of disregarding the order issued by Justice Korir on April 7th, which temporarily stopped her impeachment on grounds that the Covid-19 pandemic would deny her the constitutional rights to a fair hearing.

She told the court that she has an underlying condition that would put her life at risk if exposed to coronavirus. She further argued that most offices were closed due to the pandemic, making it hard for her to obtain documents to support her case.

On Tuesday, 23 out of 33 MCAs voted in favor of Waiguru’s impeachment motion, four abstained while six were absent.