Senate barred from discussing Governor Samboja’s impeachment motion

Written By: Ben Chumba
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Taita Taveta Governor Granton Samboja
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The High Court has barred Senate from discussing the impeachment motion against Taita Taveta Governor Granton Samboja pending the hearing and determination of a case challenging his impeachment by members of Taita Taveta County Assembly.

Justice Weldon Korir issued the conservatory orders even as senate maintained that a select committee established to investigate the embattled Governor will continue with its work irrespective of the court order.

It was a reprieve for Governor Samboja after the court granted orders restraining members of the senate from proceeding with a motion over his impeachment.

In a ruling issued hours before the senate would converge to discuss the motion, Justice Weldon Korir ruled that if the senators would continue to deliberate on the matter, then it would amount to contempt of court.

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The decision of the court castigated by senators on the floor of the house who opted to have the select committee continues with its work irrespective of the court order.

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The committee will investigate the impeachment and report to the senate within the next ten days.

Deputy Speaker Kindiki Kithure will on Tuesday issue a communication on whether the court can gag the senate from discussing such matters.

In the case, Samboja through lawyer Nelson Havi argues that his rights are being violated and that members of Taita Taveta County Assembly failed to consider matters of great interest before passing the motion to impeach him.

Meanwhile, former Machakos Senator Johnstone Muthama has moved to court seeking orders restraining  Komarock Housing Society from dealing in any manner including entering into, disposing of or transferring  the 1,200 acres along Kangundo road to any person or entity.

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In a certificate of urgency before the high court, Muthama while accusing Komarock Housing Society of invading the disputed land and subdividing it for sale want the court to declare Kenya Broadcasting Corporation as the beneficial owner of the land.

The court directed that Muthama’s application be consolidated with the existing case ahead of the hearing of the case on 18th and 19th February 2020.

In the case, the government maintains that the said parcel of land which contains equipment estimated at hundreds of million shillings was bought by the Kenya Broadcasting Corporation in 1980 and was fraudulently acquired by Komarock Ranching and Farmers Cooperative.

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Finally, the case seeking to compel Kenya to withdraw from the maritime boundary dispute at the International Court of Justice kicked off at the high court.

In the petition, 19 Kenyans through lawyer Kibe Mungai argued that if the government participates in the ICJ case it has the potential of permitting an unconstitutional alteration of Kenyan boundaries.

The group argues that the territory of Kenya cannot be altered except with approval through a referendum.

Somalia has sued Kenya at the International Court of Justice over 100,000 square kilometers of oil-rich triangle in the Indian ocean a case set to be heard on 4th November at the ICC.

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