The High Court on Thursday failed to stop the swearing-in of Kiambu Deputy Governor James Nyoro as the new county chief after the ouster of his boss Ferdinand Waititu yesterday.
Waititu had filed a petition at the court to stop Nyoro’s swearing-in and subsequently taking over as the new boss.
He sought to stop the oath arguing that it would be premature given that his case challenging his impeachment had not been determined.The court set February 3, Monday, as the day for the hearing of the matter.Waititu moved to High Court to overturn his impeachment that was upheld by the Senate on Wednesday.
He on Thursday attended a court hearing at Milimani Law Courts, Nairobi over graft charges.
It was after the hearing that the impeached governor decided to shoot his last shot to save his job.Filed under the certificate of urgency, the case is expected to be heard on Monday next week.
In the petition, Waititu argues he was unlawfully impeached citing that proper procedures were not followed. “The resolution of the Kiambu County assembly was passed with a vote of 57, way below the required threshold of 62 as enshrined under Section 33(1) of the County Government Act,” argued Waititu.
The Act stipulates that an impeachment motion should be supported by at least two-thirds of all the members of the county assembly.Waititu also argued that he was not given a fair hearing at the county assembly because his tormentors refused to allow him to defend himself.
According to the Act, a governor being impeached by Members of the County Assembly should be invited to appear and be heard by the county assembly.Yesterday, an overwhelming senate majority impeached Waititu due to Gross violation of the Constitution of Kenya, the County Government Act, the Public Finance Management Act, the Public Procurement and Disposal Act and Crimes under the National law.The move made Waititu the second governor to be ousted through the process after Embu Governor Martin Wambora. Wambora was reinstated by the High Court.
According to lawyers who spoke to KTN News, Waititu can challenge the Senate’s decision all the way to the Supreme Court.As Waititu seeks to overturn the Senate’s decision, his Deputy Governor James Karanja Nyoro was today expected to be sworn-in but the occasion stalled to “legal challenges.”Hours after the motion passed, Speaker of the Senate Kenneth Lusaka last night gazetted the impeachment and removal of office clearing the way for Nyoro’s swearing-in as the third governor of Kiambu County.High Court Judge John Onyiego who was expected to preside the swearing did not show up for the occasion. The Judiciary later released a statement postponing the oath-taking ceremony citing unavoidable reasons.
“A new date will be communicated in due course,” it said and apologised for any inconveniences caused.