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Is this the list of senate committee to probe charges against Waiguru?

The Business Committee at the senate has recommended an 11-member committee to investigate charges brought against Kirinyaga Governor Ann Waiguru who was recently impeached.

Majority Chief Whip Irungu Kangata stated that the proposal is subject to approval by the plenary on Tuesday when the senate will decide whether to go the committee way or reject the proposal and Waiguru defend herself before the house.

Senator Kang’ata, who spoke to the press moments after the meeting did not disclose the names of the proposed member but reliable sources revealed to KB the following list.

Gideon Moi, Johnson Sakaja, Beth Mugo, Anuar Oloitiptip, Abshiro Halage, Mohamed Muhammad, Cleophas Malala,Judith Pareno, Beatrice Kwamboka, Judith Pareno, Enoch Wambua and Moses Kajwang.

This comes after High Court on Thursday declined to nullify the impeachment of  Waiguru. Justice Weldon Korir did not overturn the impeachment but ruled that the county assembly had proved it did not violate any court orders.

Judge Korir had barred the MCAs from tabling the motion in April after Waiguru claimed that she could not leave her home due to Covid-19. She complained of a pre-existing medical condition that could not allow her to go the assembly.

Justice Korir was also clear in his ruling that the court cannot interfere with the MCAs’ mandate but because of Covid-19 pandemic, he had to intervene to save Waiguru from having her rights violated.

Governor Waiguru had challenged the impeachment motion that led to her removal from office and wanted the court to declare the whole process illegal.

“…a declaration that the proceedings commenced by the county assembly in respect of the impeachment motion during the subsistence of the order issued on April 7 are null,” read part of court documents.

Senate Chief Whip Irungu Kanga’ta [p/courtesy]
Waiguru had filed another case in march where she sought to stop her impeachment, arguing that because of the Covid-19 pandemic, it would be hard for her to appear as she had a medical condition and was working from home to avoid catching the virus.

That application was allowed by the court and the assembly was barred from tabling the impeachment process, pending the hearing of her petition.

In April, Justice Korir ruled that Waiguru had demonstrated that her constitutional rights had been threatened by the assembly and if the motion was allowed to proceed to conclusion, then the doctrine of public participation would also be violated.

But on Tuesday, the MCAs tabled the motion and impeached Governor Waiguru, a decision she said was contrary to the court orders.

She claimed to have learnt of the motion on Monday evening when she got a wind that the MCAs were sleeping in the assembly waiting to move and pass the motion.

Through her legal team led by lawyer Waweru Gatonye, she argued that the tabling, discussin and passing of the motion violated her rights as well as the members of the public who were denied the opportunity to participate in the process.

Waiguru further asked the court to stop the county assembly from further discussing the motion arguing that covid-19 pandemic is still an issue and she will only have a fair hearing when the pandemic is contained and everyone allowed to participate.

“As Covid-19 has not been contained nor the petition been heard and determined, the MCAs are in contempt of the order of the court and unless the court grants these orders, the governor will be grossly violated,” Gatonye argued.

Waiguru has termed the impeachment as proceedings that were carried out without granting her a right to be heard and without affording the members of the public a chance to participate as outlined in the amended petition.