High Court judge Weldon Korir has dismissed a case filed by impeached Kirinyaga Governor Anne Waiguru that challenged her ouster.
In his ruling, Justice Korir noted that the MCAs were satisfied that the COVID-19 pandemic had been contained in the county and they were free to proceed with the impeachment motion without seeking the authority of the court.
“I have carefully looked at the pleadings of the parties and oral submissions its clear to me that the respondents did not violate the orders issued by this court on April 7 when impeaching the petitioner,” the judge said on Thursday.
According to the court, the order halting the impeachment motion was only granted because of issues raised that were related to the COVID-19 pandemic.
“In the circumstances I do not find any merits in the motion dated June 9, 2020. The application in hereby dismissed with costs to respondents,” the Judge added.
On the issue on whether the Governor was given the opportunity to be heard or whether there was indeed adequate public participation, the court noted that the issues are not to be addressed through the application but during hearing of the petition.
In her application, Waiguru had asked the court to suspend any resolution passed or made with regards to her impeachment.
She had also wanted the court to declare that impeachment proceedings initiated at the Kirinyaga County Assembly as null and void.
She opined that the respondents ignored the April 7 temporary reprieve order from Justice Korir who had temporarily stopped her impeachment on grounds that the current COVID-19 pandemic would violate her constitutional rights to a fair hearing.
The Governor had also explained that she suffers from an existing condition that puts her at risk of severe effects should she be exposed to coronavirus.
She further noted that many offices were closed and she could not get documents to support her case