I Defied Maraga's Order to Swear in James Nyoro - Judge Reveals

  • High Court judge John Oyiengo who was scheduled to swear in James Nyoro as the new Governor of Kiambu on Thursday, January 30 has issued a statement explaining why he was a no-show at the event.

    In a statement, Oyiengo noted that the County Committee on Assumption of Governor's Office had not complied with a section of the Assumption of the Office of Governor Act which requires publication and notification of the swearing-in ceremony in the Kenya Gazette and the County Gazette stating the time, date and place of swearing.

    He asserted that a modification to the Constitutional provision that states the Governor would be sworn in on the first Thursday after the tenth day following the declaration of results of the County Governor had not been complied with.

    Ousted Kiambu Governor Ferdinand Waititu on the floor of the Senate on Tuesday, January 28

    "I understand the modification as relating to shortening of the ten days period but that has also not been done," Oyiengo wrote.

    Oyiengo declared that the ceremony stood suspended as he urged the County Secretary to ensure a committee was established in line with constitutional provisions.

    "In view of the fact that the two provisions have not been complied with, the swearing ceremony has been suspended and the County Secretary is hereby advised to ensure that a committee is established pursuant to sections 3 and 5 of the Act and a resolution is passed in compliance with section 11 of the said Act.

    "The judiciary is ready and willing to swear the new governor upon compliance with the provisions," the statement read in part.

    Kiambu Governor Ferdinand Waititu was removed from office by means of impeachment with the Senate sealing his fate on Wednesday, January 30.

    A majority of the senators voted in support of removing Waititu from office over allegations of corruption, gross misconduct and abuse of office.

    They voted against Waititu on three charges; Violation of the Constitution of Kenya 2010, Crimes under the national Law and Abuse of office/ Gross Misconduct.

    The tallies for the three separate votes were 23 against 13, 28 against 11 and 27 against 11.

    The Judiciary had earlier stated that the ceremony would be held on a later date.

    “We apologise for any inconvenience caused,” the Judiciary statement read in part.

    Image of Justice John Oyiengo's statement
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