UPDATE: The High Court in Milimani, Nairobi has declined to issue orders preventing Kiambu Governor James Nyoro from appointing a deputy.
The new Kiambu County boss was free to appoint a deputy following the dismissal of the application made by ousted Governor Ferdinand Waititu.
Waititu had returned to the High Court in his mission to stop the newly-sworn-in Kiambu Governor from appointing a deputy.
Waititu, through his lawyers, claim Governor Nyoro has illegally taken over as governor and as such has no legal standing to appoint or nominate anyone as his deputy.
Waititu was booted out of the Kiambu governor’s seat after the majority of the senators present during the hearing of his impeachment motion in the Senate on January 29, voted for his impeachment.
Amongst 39 Senators present during the impeachment motion, 28 voted for his removal while 11 voted against his removal.
Waititu was accused of corruption, grossly violating the County Government Act and Public Management Act.
James Karanja Nyoro, who served as the deputy governor was sworn in as the new Kiambu Governor on Friday, January 31.
This officially kicked out Ferdinand Waititu and made him the second governor in Kenya’s history to be successfully removed from office after Embu Governor Martin Wambora - who was later reinstated by the Supreme Court.
Nyoro, who was the deputy governor, was set to be sworn in as the county boss on Thursday, January 30, however, the planned inauguration of Nyoro, which was to be presided over by High Court Judge John Onyiego, had to be called off after hours of waiting ostensibly over anticipated legal implications.
Justice Onyiego, who had been instructed by the Chief Justice to conduct the swearing-in but failed to show up at the event, said the planned exercise was not in line with requirements under the Assumption of the Office of Governor Act No.4 of 2019.
Waititu had pleaded with senators to deliver a ruling on his impeachment motion that they would consider favorable if their roles were reversed.
Speaking in the Senate on the second day of his impeachment proceedings, Waititu warned the Senators not to judge him based on his perceived political standing, but peruse the facts carefully before making a decision.
He also seemingly implied that he will – in the near future – contest for a Senate seat while most of the present Senators will seek gubernatorial positions; hence they should consider his case as they would like him to consider theirs when such a time comes.
Waititu is banking on the outcome of Wambora's case to regain his position at the helm of the wealthy Kiambu county.
Below is a video of Waititu's lawyers in court:
