A Kerugoya court has barred the Kirinyaga County Assembly powers and privileges committee from sitting to discuss MCA David Mathenge’s alleged inciteful utterances.
In the case, Mathenge through lawyer Dasntan Omari has challenged the decision by the committee to summons him saying it’s all settling political scores.
Justice Richard Mwongo has this afternoon granted orders to Mathenge stopping the said committing from sitting tomorrow as had been scheduled.
“The sitting to be held by the committee on powers and privileges is prohibited to sit on David Mathenge’s matter on October 4 at 8.30 for three days,” the order reads.
The County assembly’s lawyer has been ordered to appear before judge alongside Mathenge’s lawyer for further directions by the court.
The assembly has until tomorrow at 9.30 a.m. to file responses to the petition filed by Mathenge.
Mathenge was summoned to appear before Committee for purportedly issuing false utterances, inciteful and misleading information and also demonstrated disrespect to members of the County Assembly.
Omari had argued that his client would have suffered irreparable harm and lose out on the international trip coming up next week as he is likely to be suspended from the Assembly and therefore the people of Baragwi Ward will not be able to have any representative in the assembly for a while.
According to court papers, MCAs are set to travel out of the Country as from October 10 and the move by the County to recall the initial summons and the issuance of fresh summons is a clear indication that it wants to frustrate and lock him out so that he does not attend the international trip.
“it’s clear that the Assemblyis out here for a witch hunt because none of the people has ever complained since 4th March, 2023 that is if indeed the utterances were made by the applicant up until recently when the assembly is preparing to go for an international trip as from the 10th October, 2023,” reads court papers.
He also claims questioned why the complaint by his colleague David Mbungu was not made earlier in March when he is alleged to have uttered the words but was being made now.
He says it’s politically instigated and Mbungu is being used to score goals since Mathenge in the previous assembly was very vocal and among the members of the assembly who moved a motion then to have governor Anne Waiguru impeached.
