Appeal Court upholds Wambora's reinstatement as Embu governor

The Court of Appeal sitting in Nyeri on Tuesday upheld the High Court ruling which reinstated Martin Wambora as Embu governor.

The three-judge bench, made up of Alnashir Visram, Martha Koome and Otieno Odek, upheld a judgment by Kerugoya High Court read on April 16, 2014 by judges Cecilia Githua, Hedwing Ong’udi and Boaz Olao.

The appellate court ruling means that Wambora will continue serving as Embu governor despite previous impeachment by the Embu county assembly senate.

In the ruling, the judges indicated, “We find that the learned judges did not err in holding that the county assembly and the senate were best placed to determine whether a motion for the removal of a governorwas in accordance with the constitution. However, this is subject to the supervision and interpretation of the High Court under Article 165 of the constitution.”

They added that the political question doctrine and the concept of the separation of powers cannot oust the jurisdiction of courts to interpret the constitution, or to determine if anything said to be done under authority of the constitution of any law is consistent with or in contravention of the constitution.

The appellant judges however faulted the High Court for failing to exercise the constitutional mandate of determining whether the impeachment was consistent with the constitution.

Immediately after the ruling, Wambora's supporters who had jammed the court broke into a celebration on the streets of Nyeri town.

Wambora, accompanied by his lawyers, lauded the ruling saying that justice had finally been served.

“I’m a very delighted man today. I trust our judges and our courts. I will now be able to finish the 100 projects within 100 days by the end of this year. The threshold has been set,” he said.

Wambora had filed an application before the Court of Appeal sitting in Nyeri challenging a section of the judgment by Kerugoya High court judges which was delivered on April 16.

He claimed that the three high court judges erred in law by holding that the county assembly of Embu and the Senate were best placed to determine whether a motion for the removal of a governor was in accordance with the constitution.

He argued that the lower court failed to determine the grounds upon which the county assembly of Embu 'purporting' to remove him met the constitutional threshold and whether there was nexus in the allegations.

“Kerugoya High Court judges misdirected themselves by ruling that the county assembly and the senate were the best judges. The court erred in law by failing to acquit me of the charges leveled against me by the county assembly,” Wambora had contested.

Meanwhile, the same court has ordered Embu speaker Justus Mate to appear before a three judge bench at a Kerugoya court on October 6 for further reference over his contempt of court case which led to Wambora's impeachment.