Kirinyaga Governor Anne Waiguru’s impeachment was scuttled by the High Court Tuesday on grounds that the Covid-19 pandemic would violate her constitutional rights to a fair hearing.
In his ruling, Judge Weldon Korir noted that even though the MCAs were carrying out their mandate, the unfolding coronavirus crisis will not accord both parties a fair hearing.
Justice Korir said the order will run until the case is heard and determined or when the coronavirus pandemic is over, whichever comes first.
“As such the order shall remain in force pending the hearing and determination of the petition or the containment of the Covid-19 pandemic, whichever event occurs first,” Korir ruled.
The court also declined to stop proceedings of the Kirinyiga County Assembly as had been applied by two MCAs, with the Judge stating that it had no constitutional mandate to adjourn the sittings in the county assembly.
“What happens if this court closes the assembly and a need arises to urgently convene it to debate measures in regard to the Covid-19 pandemic? The applicants who are members of the Assembly are inviting chaos by asking the court to interfere with the operations of the Assembly,” Justice Korir ruled.