In a swift legal response following the impeachment of Meru Governor Kawira Mwangaza, Busia Senator Okiya Omtatah, along with Eliud Matindi, Benson Otieno, and Blair Oigoro, filed a groundbreaking case at the High Court. Their petition challenges the constitutionality of the law employed by Senators and County Assemblies to impeach Governors.
The Meru County Assembly, in a unanimous decision by all 59 Members, impeached Kawira Mwangaza on Wednesday, triggering a Senate review of her fate. However, Omtatah and his co-petitioners argue that impeached Governors should face trial before an independent body, not Senators.
In the documents presented before the High Court in Milimani, the quartet asserted that the existing laws, specifically sections 11(1)(c), (8), & 11A(1)(b), and 33(2-9A) of the County Government Act, No. 17 of 2012, do not guarantee a fair trial before an impartial tribunal.
They proposed that when a county assembly impeaches a Governor, Speaker, or their deputies, the law should mandate the formation of a tribunal appointed by the Chief Justice. The trial’s outcome, they contend, should be subject to appeal in the Supreme Court for a final determination.
According to the petitioners, the absence of a requirement for a fair trial before an independent tribunal allows for potential abuse of the provisions of the County Government Act. They argue that these provisions have been misused by Members of County Assemblies to coerce favors from Governors and Speakers.
“The failure to provide for a fair trial before an independent tribunal has created an untenable situation whereby county assemblies across the country hold Governors and Speakers hostage, brandishing the threat of impeachment like the sword of Damocles,” the petition stated.
Furthermore, Omtatah and his co-petitioners have requested the court to acknowledge that their case raises significant legal questions. They are urging Chief Justice Martha Koome to form a bench of an uneven number of judges to hear the matter, emphasizing the gravity and importance of the constitutional concerns they have raised.
Recent Posts
Teacher Arrested for Selling Fake Exam Papers
Man U vs Man City: Premier League Derby Showdown Preview
Brighton Stuns Ajax 2-0 in Europa League Clash, Thanks to João Pedro and Ansu Fati Goals
