Embattled Muranga governor Mwangi wa Iria lawyer Nganga Mbugua with impeached Muranga County Executive member for finance ,information technology and planning George Kamau and lawyer Charles Njenga leaving Milimani law courts on Monday October 26,2015.
BY SAM ALFAN.
The embattled Muranga governor Mwangi wa Iria will on Thursday attempt his second bid to convince high court to restrain the senate from debating his impeachment motion by Muranga County Assembly.
Iria’s lawyers Paul Muite and Nganga Mbugua appeared before Justice Onguto on Monday seeking temporary orders to bar the senate from debating the governor’s impeachment but was directed to appear in court on Thursday for further directions,
Justice Joseph Onguto heard that the speaker of the senate is yet to summon the governors for the hearing of the impeachment motion.
The axe fall on Murang’a Governor Mwangi wa Iria, on October 21 after the Assembly voted that he is no longer capable of being their county chief.
He becomes the second governor to be removed by members of the county assembly (MCAs), the first being Embu Governor Martin Wambora.
Iria moved to court seeking orders to stop the Senate from recommending his removal from office.
Muranga County assembly has passed a motion for his impeachment and the speaker has only up today to forward to the speaker of the Senate the impugned resolution.
The governor through his lawyer Nganga Mbugua, told the court, that the manner in which Wa Iria was impeached was unlawful to the extend that he was given an opportunity to defend himself has required by law.
” Without any due process and in utter contravention of the governor’s right to appear and be heard before approving a motion for removal the assembly speaker approved motion for his removal” he said.
Nganga told Justice Joseph Onguto, that denying the governor opportunity to be heard Muranga County Executive violated its own standing order no 67 in which the governor is entitled to appear before the relevant committee.
The right to appear and be heard before adverse action is taken by body acting in judicial manner is sacrosanct and any action taken is a nullity, he said
The judge heard the court as the custodian of the constitution has power to review the decision of the | Muranga County assembly sending the governor home over alleged misuse of the county money.
There is no valid resolution capable being taken to the speaker of the senate, saying the court should consider issuing conservatory order on the inherent merits of the case.
The court certified the application urgent and directed that same be served upon Speaker of the Senate, Muranga County Assembly and the Senate and the matter be heard on Monday 26 inter parties.
The impeachment motion was tabled in the County Assembly on Tuesday last week by nominated MCA Ms Mary Waithirawho asked her comrades to get rid of the governor over alleged flouting of public finance management and procurement procedures.
In the motion, Ms Waithira said that the governor lacks accountability in management and use of the county’s resources and has incurred a debt of Sh2.5 billion which was never disclosed to the assembly.
“Gakoigo stadium under the department of Youth and Sports was allocated Kshs.30 Million in the financial year 2014/2015, yet it had incurred a total debt of Sh59 Million and no monies had been paid,” the MCA said.
She also claimed that the action puts the county at a very precarious situation which may lead to auctioning of county assets.
Governor wa Iria is said to have allowed misappropriation of county funds by spending public money in private commercial entities.
Ms Waithira said that a report by the Auditor General on the financial operations of Murang’a county executive for the period, 1st July 2013 to 30 June 2014 showed that the County Executive contributed a total of Sh28.5 million to Murang’a Investment Co-operative Society (Shilingi-Kwa-Shilingi).
“The Society is an autonomous body independent of the County Executive and according to the Auditor General’s report; it was not clear therefore the circumstances under which the county Executive was funding it,” Ms Waithira said.
High court will hear the inter parties on Thursday.