This archive report was first published on 9 July 2020.
On July 9, 2020, High Court judge Justice Weldon Korir dealt a blow to Kitui Governor Charity Ngilu's efforts to forestall her impeachment proceedings. Ngilu had sought to stop the county assembly from tabling and debating her impeachment, but Korir ruled that her motion lacked merit and did not meet the required threshold to grant her conservatory orders.
The judge noted that Ngilu's petition was filed in Nairobi, rather than in Kitui County, where there is a competent high court. This, Korir said, was a critical error that undermined Ngilu's case. "Impeachment of a Governor is akin to an election petition," Korir explained. "It would, therefore, be advised that any person desirous of filing a court case in respect to impeachment should approach a high court within the county in which the impeachment is taking place," he added.
The governor had obtained temporary orders on June 24 that barred the MCAs from tabling her impeachment motion. However, Korir's ruling effectively nullified these orders, allowing the impeachment proceedings to continue unabated. The MCAs had accused Ngilu of gross violation of the Constitution, questionable awarding of county tenders, undermining the assembly's authority, and failure to account for public funds.
