Embu Governor Martin Wambora risks losing his seat after he was taken to court by former Manyatta MP Emilio Kathuri on grounds that he is unfit to hold office following his impeachment three years ago.
In his petition, Mr Kathuri argues that since the Supreme Court quashed a High Court ruling that invalidated Mr Wambora's impeachment, the motion still stands.
His impeachment had been nullified by Embu High Court on the basis that Speaker Kariuki Mate and Assembly clerk Jim Kauma had acted in contempt of court.
Nonetheless, two weeks ago, the Supreme Court ruled that those engineering the impeachment motion were not in contempt of Court.
[caption caption="Martin Wambora"]
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The Apex Court also faulted High Court Judge Cecilia Githua for interfering with a Constitutional process.
Mr Kathuri, who was the of former Senator Lenny Kivuti's running mate, therefore wants the Embu Governor declared unfit to hold office as a special committee of the Senate had established the Governor's misconduct in office.
According to the petitioners, the Governor's impeachment process should proceed since it was based on the overturned contempt of court ruling.
"I verily believe that the respondent (Wambora) was therefore removed from office in the manner provided for and contemplated at Article 181 of the Constitution,” read part of the affidavit.
He noted that the decision of the Supreme Court was binding on all courts and tribunals and thus, Mr. Wambora should be declared unfit to hold office under the provisions of Article 181 of the Constitution and section 33 of the County Governments Act.
[caption caption="Former Senator Lenny Kivuti and Emilio Kathuri"]
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