Waititu loses bid to block Nyoro swearing in
The High Court has rejected an application by ousted Kiambu governor Ferdinand Waititu to block his deputy Dr James Nyoro from being sworn in to replace him.
Justice Korir said the swearing-in ceremony is being presided over by a competent Judge, Justice John Onyiego, and thus he cannot stop him.
Waititu had on Thursday filed an application challenging the process of his impeachment, but later amended the document to include the request to stop the swearing-in.
“The act of a judge swearing-in of a governor is deemed to be a judicial function. This court will be overstepping its mandate by ordering the judge not to proceed with the swearing-in. In the circumstances, an order cannot be issued,” said Justice Korir.
Nyoro was expected to take his oath of office on Thursday morning but Justice Onyiego failed to show up and later sent a statement raising legal concerns over how the event was planned.
Justice Onyiego said the county committee on the assumption of the governor’s office had not followed the due process of the law regarding the exercise.
The law requires the publication and notification of the swearing-in ceremony in Kenya and the county Gazette stating the date, time and venue.
Later on Thursday evening, a special issue of the Kenya Gazette signed by the Kiambu County Secretary Martin Mbugua was issued designating Friday morning as the new swearing-in date.