Wambora v Speaker of the County of Assembly of Embu & 3 others (Constitutional Petition 7 of 2014) [2014] KEHC 7498 (KLR) (12 May 2014) (Ruling)
- Court
- High Court of Kenya
- Case number
- 7498
- Citation
- [2014] KEHC 7498 (KLR)
- Decided
- 12 May 2014
The court dismissed the application for conservatory orders, finding that the Petitioner's rights have not been violated and the process initiated by the County Assembly was not faulted.
Facts
The Petitioner, Hon. Martin Nyaga Wambora, was impeached by the Embu County Assembly. The Petitioner filed a suit seeking to quash the County Assembly's resolution and prohibiting the Senate from convening to hear charges against him. The County Assembly ignored the court order and proceeded with the impeachment process.
Issues
- Whether the Petitioner's rights have been violated and/or threatened
- Whether the process of the removal of the Governor by the County Assembly and forwarding to the Senate is valid
Reasoning
The court found that the Petitioner's rights have not been violated and the process initiated by the County Assembly was not faulted. The court emphasized the need to allow for the ordered functioning of the legislative body in the public interest.
Outcome
The notice of motion is hereby dismissed with no order
Authorities cited
Legislation (2)
- County Government Act, 2012
- Constitution of Kenya, 2010
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