A lawyer has been left fuming after a High Court judge postponed the judgment of a case where a former MP is seeking removal of Embu Governor Martin Wambora over his failed impeachment four years ago.
Senior Counsel Ahmednasir Abdullahi took to Twitter to express his frustration claiming the court failed to notify him that Justice Florence Muchemi would not deliver the judgment on Wednesday.
“Gov Wambora’s case was heard in July & listed in today’s cause list for judgment. This morning in court we are told judgment isn’t ready. Why can’t the court extend some courtesy, call our office & inform us judgment isn’t ready? Practising law in a very hostile environment!!!” he wrote.
He shared a copy of the Embu High court cause list showing that the case filed by former Manyatta MP, Emilio Muriithi Kathuri, was indeed coming up for judgment.
However, a court official explained that an attempt to notify him was made on Monday but he had not left his contacts.
Justice Muchemi explained that the judgment was not ready and said the verdict would be delivered on Tuesday next week.
Mr Wambora’s impeachment was invalidated by the High Court on the basis that then Speaker Kariuki Mate and Assembly Clerk Jim Kauma had acted in contempt of court by allowing debate on the motion.
The decision was upheld by the Court of Appeal. However, the Supreme Court early this year ruled that Mr Kariuki and Mr Kauma were not in contempt of the court and also faulted Justice Cecilia Githua for interfering with a constitutional process.
The court ruled that the county assembly was right to carry out the motion and should never have been interfered with.
Mr Kathuri is seeking interpretation of the Supreme Court judgment, saying Mr Wambora stands impeached for gross violation of the Constitution.
Mr Kathuri, who was former Senator Lenny Kivuti’s running mate in August 8 gubernatorial race, argues that since Mr Wambora’s impeachment was quashed on the basis of the now annulled contempt of court allegations. Therefore, the January 16, 2014 process stands.
He argues that after the County Assembly of Embu impeached Wambora, a special committee of the Senate established the governor was culpable in loss of public funds in procurement of maize seeds and refurbishment of Embu stadium, hence he is unfit to hold public office.
By Daily Nation