Njuri Ncheke seeks to join Mwangaza’s impeachment case as ‘friend of the court’
The Njuri Ncheke Council of Elders is seeking to be admitted as a friend to the court (Amicus Curiae), in the impeachment case filed by Governor Kawira Mwangaza challenging the impeachment motion brought against her by the County Assembly of Meru.
In an affidavit that has listed Governor Mwangaza as petitioner and the County Assembly of Meru as respondents, Njuri Ncheke wants to be part of the petition based on its knowledge, expertise and experience relevant to the determination of the petition.
The elders argued that enjoining them in the case would give the Council of Elders a chance to give their input which would help the Court in making its decision.
“It is in the interest of justice that the proposed amicus curiae be enjoined to assist the court by offering information, expertise and insight that has a bearing on the issues in the case and reach a justiciable finding,” read the affidavit by Njuri Ncheke Secretary General Josphat Murangiri Kiriinya.
This comes a day after a report published in the media claimed that the elders had said they lacked the mandate to rule over an impeachment case against Governor Mwangaza.
In the affidavit seen by County Focus the Council of Elders cites to understand clearly some of the underlying issues generally leading to the frequent impeachment motions against Governor Mwangaza.
Murangiri argued that Njuri Ncheke had already commenced proceedings of the impeachment dispute.
“The proposed amicus curiae had already commenced proceedings of dispute resolution mechanism sanctioned by his Excellency the President and to that end have invited and heard from all the warring parties,” Murangiri’s affidavit read.
The Njuri Ncheke secretary general noted that proceedings of the resolution are yet to be finalized and would culminate with the tabling of the report to President Ruto.
In their affidavit, the Njuri Ncheke argued that the Constitution has given the Council of Elders a duty to resolve conflicts using traditional dispute resolution mechanisms.
“The proposed amicus curiae has the duty by the constitution to resolve disputes and I am advised that this honourable court is enjoined by the constitution to promote alternative forms of dispute resolutions which include traditional disputes resolution mechanisms like the one we have been undertaking,” the affidavit read.
Earlier Murangiri had been quoted by media claiming that the determination of the civil case before the court was above their powers.
