Judge Freezes Machakos Speaker’s Impeachment for 30 days

By Muya David

The High Court has dealt a significant blow to Governor Wavinya Ndeti’s bid to impeach Machakos County Assembly Speaker Anne Kiusya, extending orders that prohibit the process until April 30, 2025.

Justice Roda Rutto issued the extension during an online court session today, maintaining the status quo while legal arguments unfold.

The case took a new twist as two interested parties—the Law Society of Kenya (LSK) and voters from the county, represented by former Machakos County Attorney Mr. J.M. Kathili—applied to be enjoined in the suit. The voters are John Musembi Maingi and Richard Mulwa.

Their involvement signals growing scrutiny over the legality of the impeachment proceedings and the goings on at the county assembly where MCAs are on record debating on quantum paid to individuals in the assembly as bribery to vote in a certain way.

Most recently, the marks scored by Wavinya’s  cabinet nominee were altered from 22 to 62 percent, and MCAs bribed to approve the appointment. A petition is pending before the speaker over the matter, and observers see the impeachment motion as a ploy to halt inquiries about the illegal alteration of marks.

The respondents in the case include the Machakos County Assembly, its Clerk Denis Mutui, Deputy Speaker Stephen Mwanthi, and Majority Leader Nicholas Nzioka. While Mwanthi and Nzioka have already filed their responses, the assembly and the clerk have yet to respond to the affidavit filed by Speaker Kiusya, raising further legal questions about due process.

Mwanthi was the first person to sign the impeachment motion and was expected to preside over the impeachment debate, raising fears that the speaker cannot get a fair hearing

With the court’s decision, Kiusya remains in office as Speaker. The county assembly, currently in recess, is set to resume on April 8, 2025, amid heightened political tensions.

Meanwhile, a faction of the 33 MCAs backing Kiusya’s removal emerged from a retreat in the coastal region, appearing undeterred by the court’s intervention.

In a fiery press conference, they warned Kiusya against setting foot in the assembly, signalling a deepening standoff and a possibility of violence when the assembly resumes.

Kiusya has challenged the impeachment process, citing procedural irregularities and conflict of interest among the key proponents of her ouster.

The case underscores the broader power struggle within Machakos County’s leadership, with the next court hearing likely to shape the future of the county’s governance.

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