Court stops impeachment of Taita Taveta County Assembly Speaker
By Kevin CheruiyotThe High Court has stopped Members of Taita Taveta County Assembly from voting to impeach the County Assembly Speaker Wisdom Mwamburi Kazungu pending the hearing and determination of a case filed in court.
The orders from Justice George Dulu comes after the lawyers representing the embattled Speaker filed an application before the High Court.
The Speaker filed an application stopping his removal from the office through Mutisya Mwanza Ondeng Advocates, seeking interim orders to suspend the intended impeachment motion.
According to the court files, among those have been sued in connection to the plan to remove the Speaker include the County Clerk, Taita Taveta County Assembly and Mrs Rose Shingira.
Impeach the Speaker
The three are jointly accused of plotting to remove the Speaker from office using unconstitutional means.
According to the petition, Mrs Shingirana and the County Assembly Clerk are said to have chaired some meetings to lobby for MCAs to impeach the Speaker.
The court was also informed that the Speaker received bundles of papers informing him of the plot to file a motion seeking his removal.
However, through his lawyer, the Speaker told the court that the respondents have fabricated some allegations against him to justify his removal.
Penal consequences
In his ruling that was delivered on July 5, Justice Dulu gave orders stopping any attempts of ejecting the Speaker.
“Upon Considering the application, the certificate of urgency and supporting affidavit its hereby ordered that a conservatory order is granted restraining the second respondent either by itself, a member, the 1st Respondent , any officer, member, Secretariat or anyone whosoever from holding any elections, electing and appointing whether permanently or in acting capacity any person to the position of the speaker of the County Assembly of Taita Taveta until next mention date hereafter,” the judge ruled.
Justice Dulu also ruled that the application should be served to the respondent for inter-parties hearing and directed that the matter be mentioned on July 11, 2024 for mention and direction.
The court further directed that any disobedience of the issued orders would attract penal consequences.