Ngilu impeachment to go on after court declines request
The High Court yesterday declined to stop the impeachment motion against Kitui Governor Charity Ngilu.
Justice Weldon Korir declined to stop Kitui MCAs from discussing, debating or in any way whatsoever dealing with the impeachment motion against the governor saying Ngilu’s application had not met the threshold to warrant grant of conservatory orders.
According to the Judge, the embattled governor should approach the court after the conclusion of the impeachment process by the County Assembly and the Senate.
“There is a good reason why this court should be very slow in interfering with an impeachment process.
This is because once the Senate has had its say, parties are at liberty to approach the court on the question of the constitutionality of the impeachment,” said the Judge.
Justice Weldon Korir noted that the question of whether the impeachment met the constitutional threshold is one of the issues that should be addressed in the county assembly and the senate proceedings.
“It is the duty of the person who alleges violation of the Constitution to demonstrate such violation. In this case, the Applicant has not discharged that onus.
She will also not suffer any prejudice if the process is allowed to proceed to conclusion since she will have another opportunity at the end of the day to approach the Court for the appropriate remedy,” noted the Judge.
Justice Korir further dismissed the complaint by Ngilu that the constitutional threshold of public participation was not attained because of Covid-19 pandemic.
“Nobody knows when the pandemic will be contained and new ways must be designed for achieving constitutional requirements.
Legislative business cannot stall because of a disease that is at the moment beyond human control,” he ruled.
Ngilu through his lawyers had argued that the constitutional threshold on public participation was not met.
