Elgeyo Marakwet Senator Kipchumba Murkomen has cast aspersions on the Judiciary's decision to swear-in Kiambu Deputy Governor James Nyoro to replace his ousted boss, Ferdinand Waititu.
Taking to his social media platforms on Thursday, January 30, Murkomen lamented that the oathing ceremony was not planned in accordance with the constitutional requirements.
"A High Court judge cannot preside over swearing-in of DG of Kiambu to be a governor before 10 days are over and before they gazette the date, time and place for conducting the swearing-in ceremony.
"But you know what? Everything is working like a clock in the new Kenya. If the Judiciary is eager to do this then nobody can stop reggae," he wrote in reference to ODM leader Raila Odinga's sentiments on the force of the BBI report.
Murkomen quoted Article 182 (2) of the Constitution of Kenya which states that the oathing committee should publish, by notice, in the Kenya Gazette and the County Gazette, the date, time and place for the conduct of the swearing-in.
The law also calls for a governor to 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.
Murkomen's sentiments were partly echoed by Makueni Senator Mutula Kilonzo Jr. who insisted that the oathing ceremony partly met the threshold that would allow for Nyoro's official ascension into the gubernatorial seat.
"Boss, you and I approved this bill in reference to the Assumption of office after a General Election. In Kiambu, a vacancy has occurred under Article 182 and the deputy shall assume office under 182(2). Needless to say, I agree with you that we are back into a working nation," Senator Mutula Kilonzo stated.
Nasa Lawyer Dan Maanzo, however, confirmed to Kenyans.co.ke that there were no specific laws on the procedure that the deputy governor should follow when taking over the county reigns.
"This is not an election. He was already elected as the Deputy Governor. The clause is for the newly elected, and this is a special circumstance so there is no illegality taking place. Even if there was one, it is hanging in the air. There is no legislation against it," he stated.
The Judiciary on January 30, 2020, announced that Nyoro was set to be sworn in on Thursday, less than a day after Waititu was impeached.
