Following the High Court's nullification of Governor Kawira Mwangaza's position as the Governor of Meru County, a lot of legal questions and concerns have emerged on what would be the fate of the county that has been the epicenter of impeachment battles.
One of the key questions remains whether Deputy Governor Isaac Mutuma can smoothly transition into the county’s top leadership.
Plans are already in place to swear him into office on Monday. Through a special gazette notice, the Assumption of Office committee, led by Martin Gitije, announced that Mutuma will take the oath at Mwendantu Grounds.
Further, legal experts have raised questions and concerns why Meru might be in a leadership crisis for longer than projected.
If Kawira moves to the Court of Appeal to challenge the High Court's judgment, the appellate court may grant her temporary reinstatement pending the hearing and determination of the appeal.
On the other hand, Senior Counsel Peter Wanyama argues that should the DG be sworn into office today, then the Assumption to Office of Governor Act enacted by Parliament in 2017 will have been violated.
The Counsel, through a statement on his X handle, argues that the act provides that a DG should be sworn in on the first Thursday after the 10th day of a vacancy occurring in the office of the Governor.
''Look at the Meru situation as an example. For good reasons, Parliament enacted the Assumption to Office of Governor Act in 2017 to guide the transition of leadership at the County level. This Act clearly provides that a Deputy Governor should be sworn to the office of Governor on the 1st Thursday after the 10th day of the vacancy occurring in the office of Governor [ through demise, resignation, impeachment, etc],'' Wanyama argued.
''Judges should protect the independence of the Judiciary and should at all times avoid intimidation from politicians.''
Wanyama's argument is supported by Section 11(2) of the Assumption to Office of Governor Act of 2017 which stipulates that a Governor-elect shall be sworn in on the first Thursday after the tenth day following the declaration of the final election results by the Independent Electoral and Boundaries Commission (IEBC).
''The County Governor-elect shall be sworn in on the first Thursday after the tenth day following the declaration of the final results of the election of the County Governor by the Commission,'' it reads in part.
This means that the earliest Mutuma could be sworn into office could be on March 27. However, according to analysts, there are attempts to hurry the process leaving no room for Kawira to appeal the ruling.
Wanyama, on the other hand, argues that there are some attempts by the leaders from Meru to implore the Chief Justice to appoint a judge who will see the swearing-in of Muthuma.
''As a well-networked advocate, I am aware of the extremely massive pressure that Meru politicians are putting on the Chief Justice to designate a judge to swear in the Deputy Governor tomorrow- which will be clearly against the law,'' Wanyama cautioned.
''If the swearing is done, it will clearly show that our CJ is deeply vulnerable and easily susceptible to political pressure.''
The Constitution stipulates that upon the occurrence of a vacancy, then the Chief Justice should designate a High Court Judge to oversee the process.
The former LSK President contestant who emerged as a runner-up after losing to Faith Odhiambo further argued that Chief Justice Martha Koome should show leadership during the crisis, amid the criticisms she is facing at the Judiciary.
''If the swearing is done, it will clearly show that our CJ is deeply vulnerable and easily susceptible to political pressure. Myself, I have been wondering whether the CJ is the right person to lead the judiciary to the 2027 General elections- which is expected to be the most hotly contested in Kenya's post-independence history. Probably, Nelson Havi is right,'' Wanyama added.
