A three-judge bench is set to rule on whether the elevation of Kiambu County deputy governor James Nyoro to Governor position was legal.
George Dulu, Grace Nzioka and Wilfrida Okwany, of the High Court, are expected to make a determination on a petition challenging Waititu’s impeachment by the Kiambu County Assembly.
Former Governor Ferdinand Waititu had moved to court seeking to have Nyoro kicked out on grounds that he was in office illegally.
The former governor argues that the manner in which Nyoro was sworn as governor in 2020 was in violation of the Constitution.
Lawyers Wilfred Nyamu and Ndegwa Njiru for Waititu told the court that the impeachment was not recognised by the law only 57 MCAs voted.
“By virtue of the law being violated in the impeachment process of Waititu, the entry of the current governor is a nullity. Swearing becomes a nullity,” said Nyamu.
The lawyers cited Section 33 of the County Government’s Act which dictates that the quorum for supporting the Motion should be Two Thirds of the total number of MCAs.
Kiambu County has 92 MCAs, thus the two-thirds is 62 Members.
The court recently overturned the impeachment of Wajir Governor Mohamed Abdi, reinstating him back to office.
The Court ruled that the process of removing Mohamud was unlawful and the swearing of Deputy Governor Ahmed Mukhtar was null and void.
Deputy Governor Mukhtar, though, remains his deputy.
According to the court, the county assembly did not provide evidence of public participation in the removal of Governor Mohamud.
Governor Mohamud was impeached on allegations of gross misconduct, abuse of office and financial impropriety.
37 MCAs voted in favour of the impeachment motion while 10 opposed his removal from office in April 2021.
The Senate upheld the County Assembly’s decision to eject him from office, prompting the Governor to seek redress in court.
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