NEWS JUST IN: Court gives a go ahead To Kisii Deputy Governor Impeachment.
NEWS JUST IN: Court gives a go ahead To Kisii Deputy Governor Impeachment: High Court in Kisii has declined to issue orders stopping Monda’s impeachment.
“No prejudice would be occasioned if this court doesn’t grant interim orders at this stage. I am not inclined to grant the interim orders at this stage and I say no more, as it may prejudice the outcome of the proceedings herein,” ruled Justice Teresa Odera.
His Lawyer Kigen had moved to court on Monday with urgency, seeking to have the impeachment motion quashed based on eight grounds.
“I, Katwa Kigen, do certify that the application is of utmost urgency as the petitioner is at the peril of irreparable injury of being subjected to a process of impeachment,” averred Mr Kigen in the court papers.
Ichuni Ward Representative Wycliffe Siocha filed the motion of impeachment on February 21. He cited four grounds; gross violation of the constitution, abuse of office, gross misconduct and crimes under national law
Mr Kigen cited that the impeachment process was “fatally defective” considering that the notice dated February 13, does not show on its face execution by one-third of the Members of the County Assembly duly verified, for the “notice” and “motion” for impeachment to be valid in law, contrary to Section 33 of the County Governments Act (2012) and Standing Order 60(1), 60(5) and 60(6).
He also said that Dr Monda, if subjected to the impeachment process, would be denied the right to a fair hearing, fair administration and his legitimate expectation, in breach of articles 47 and 50 of the Constitution of Kenya (2010).
The petitioner was seeking court orders to bar the respondents, their deputies or their agents from presenting before an assembly session, for debate and resolution.
The Assembly scheduled a public participation exercise over the matter of Dr Monda’s intended impeachment on February 26, 2024, the same day Mr Kigen moved to court to defend the DG.
Mr Kigen poked holes into the public participation exercise saying that it was out of time by three days.
“It means, it is time-barred and that the case the petitioner would need to respond to on February 29, is still mutilating and developing on matters made by the public, thereby making his defense impossible,” he averred.
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