SENATE TELLS COURT TO STAY AWAY FROM ITS CONSTITUTION DUTY; GOVERNOR WA IRIA IMPEACHMENT.

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ngangaEmbattled Muranga governor Mwangi wa Iria lawyer senior counsel Paul Muite ,Nganga Mbugua and Council of Governors lawyer Peter Wanyama at Milimani law courts on Wednesday October 29, 2015.
BY SAM ALFAN.

The Senate has urged the court to allow its committee to complete its task over the impeachment of Governor Mwangi wa Iria.

Through lawyer Anthony Njoroge the Senate told the court that the impeachment process is the mandate of the Senate and the County Assembly.

He told the court to dismiss the Governor’s application as the orders sought offend the doctrine of separation of powers as it seeks to restrain the senate from undertaking their constitutional functions.
Wa Iria’s Lawyer Paul Muite pleaded with the court to grant the governor the conservatory orders stopping the Senate from debating his impeachment motion.

“The Governor is not responsible for the allegations of misappropriation of funds,” said muite.The counsel was trying to convince the court over the importance of granting the conservatory orders sought on the grounds that the Governor is entitled to fair trial.

He added that the County Assembly of Muranga by purporting to impeach the Governor without giving him an opportunity to be heard or waiting the matter in court to be heard violated the law.

The counsel added that the County Government violated the law by failing to supply the Governor with an impeachment notice and all material evidence that was to be used.

The senate urged the court to dismiss the Governor’s application claiming the orders sought offend the doctrine of separation of powers as it seeks to restrain the senate from undertaking their constitutional functions.

Muite argued in court that the people of Muranga County were not involved in the process of approving the resolution to introduce the motion to remove the Governor.
The Governor wants the court to stop Muranga County Assembly and Speaker of the Senate from receiving, acting or taking decisions against the Governor that are in violation of his constitutional.

He wants a declaration that the resolution by Muranga County approving the motion of the Governor’s impeachment process his right was violated.
Sheriff Sam Mwenda the counsel for Senate said they were just been served with the submissions and needed time to respond.

“The Senate was served on Thursday and we require time to file our submissions,” said Mr Mwenda. This was after Mbuthi Gathenji, representing the assembly, said they needed instructions to know how to respond to the matter.

“We need to react to the application before us and we seek up to next week because on Wednesday I will not be available,” said Mr Gathenji.

Wa Iria’s lead council Paul Muite, wanted the court to grant conservatory orders as soon as possible.
Justice Joseph Onguto did not issue any orders but directed the parties to come for ruling on November 3.
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.
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 is expected to make a ruling on November 3.
NAIROBI TIMES was reliably informed that one Member of Parliament from Muranga is the one who sponsored the impeachment motion secretary.

According to the information we have obtained, the governor will sought to know whether he was impeached by the party since the impeachment motion was by a nominated member by the party

The legislator who is accused of being Iria’s woes is said to be interested with contesting for Muranga county governor position come 2017.


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