Court to rule on Waititu ouster case
The High Court will today rule on a petition filed by former Kiambu Governor Ferdinand Waititu challenging his impeachment.
A three-judge Bench of George Dulu, Grace Nzioka and Wilfrida Okwany are expected to make a determination on a petition challenging Waititu’s impeachment by the Kiambu County Assembly.
The judges are expected to make a decision as to whether the elevation of then deputy governor James Nyoro to the governor’s position was legal.
Waititu (pictured) 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.
The total number of MCAs in the Kiambu case is 92, thus the Two Thirds is 62 Members.