The High Court has blocked the debate on a motion seeking to impeach Devolution Cabinet Secretary Anne Waiguru.
On Monday, Justice Joseph Onguto granted CS Waiguru a temporary reprieve after the Commission on the Implementation of the Constitution moved to court to challenge the impeachment of Cabinet Secretaries by the National Assembly.
“An order is hereby issued directed at the Speaker of the National Assembly and to the effect that all Motions brought under provisions of Standing Order 66 of the National Assembly shall be held in abeyance and stand suspended until this petition is determined,” ruled Justice Onguto.
CIC filed an urgent case to save Cabinet Secretaries from impeachment, arguing that Section 66 of the Standing Orders was unconstitutional and should be declared null and void.
According to CIC Chairman Charles Nyachae, the Standing Orders would not accord any CS a fair hearing before the National Assembly. He further argued that the Standing Orders were inconsistent with Article 50 of the Constitution which gave every accused person the right to fair trial.
Standing Order 66 provides the procedure for removal of a Cabinet Secretary, and spells out the process which starts by a presentation of a motion by a member of the National Assembly and supported by at least a quarter of the members - 88 MPs.
The court order came amid preparations by Nandi Hills MP Alfred Keter and Makueni MP Daniel Maanzo to submit the motion to impeach Ms Waiguru to the Speaker of the National Assembly for approval.
Judge Onguto directed Speaker Justin Muturi, who is listed as the respondent, to file his response before the hearing on October 26.
Waiguru is accused, among other claims, of “misuse of her office and violation of the law by abusing, intimidating and threatening public servants under her jurisdiction”.
Meanwhile, the impeachment motion against President Uhuru Kenyatta is not affected by the order and the Opposition can proceed with the bid.
