The Kitui County Governor, Charity Ngilu’s legal team was dramatically ejected from the Kitui County Assembly precincts on Monday as they arrived to answer to impeachment summons.
Trouble started when Ngilu’s lawyers led by Martin Oloo and Morris Kimuli showed up reportedly to answer to summons requiring their client to appear before the house for her impeachment debate which was slated for Monday June 29.
Speaking to the press outside the Assembly, Oloo said they were allowed into the Assembly grounds where they sought the Assembly Clerk’s audience but the orderlies, without warning, pounced on them and threw them out.
“Though the court issued orders stopping the ouster debate, the Clerk never cancelled the summons to the Governor forcing us to appear on her behalf this morning,” explained Oloo.
After being served the conservatory orders on Friday, the Assembly indefinitely put off debate on Ngilu’s removal from office pending determination of the court matter on July 6, 2020 at the High Court in Nairobi.
Mr Oloo said it was wrong to manhandle, assault or rough up an advocate in the course of duty and vowed that they would lodge a complaint with the LSK for appropriate action.
During the ensuing commotion, lawyer Kimuli was injured and rushed to Kitui County Referral Hospital for treatment.
Oloo lamented that County Assembly’s legal counsel, Gladys Kanyaa had instructed the orderlies to eject them on the pretext that they had no right to appear before the house.
“This is a long battle, it will continue, we will take them in every aspect, there are constitutional and legal issues to be arbitrated by the court,” said Oloo.
He said that the County Assembly has to act within the rule of law, “they have flagrantly flouted their standing orders and the court shall pronounce itself on this matter.”
The Athi Ward Representative, Peter Kilonzo drafted the motion in which Governor Ngilu is accused of violating the Constitution, abusing her office and gross misconduct.
In the motion in question, the MCA claims that the Governor was summoned to appear before the Senate Committee on County Public Investment and Accounts (CPIAC) to shed light on audit queries over management of the county funds and expenditure for the 2017-2018 and 2018-2019 financial years, cumulatively amounting to approximately Sh 20 million.
The audit queries had been raised by the Auditor General in his report for the years ended June 30, 2018 and June 30, 2019 respectively.
The motion has cited Ngilu’s for failure to comply with the two-thirds gender rule in the appointments of members of County Executive Committee, noting that since August 2019; the executive committee has only one female out of seven members
Efforts to get a comment from the Clerk’s office were futile as journalists were denied entry into the Assembly grounds.
By Yobesh Onwong’a