Impeached Kiambu Governor Ferdinand Waititu yesterday suffered a major blow after the High Court declined to issue orders stopping his deputy James Nyoro from being sworn-in as the governor.

In his certificate of urgency, Waititu also seeks orders to set aside the Senate’s  decision on Wednesday that upheld his impeachment, following three charges. 

“A declaration that the resolution passed by the Senate on December 29, 2020 is null and void for having been passed by the senators in toto contravention of Section 33 of the County Government Act,” says the impeached Governor.   

Further, Waititu wants the court to restrain any person, body or organ from implementing the Senate decision that approved his impeachment.

Through lawyer Ndegwa Njeru, the impeached governor argues the Senate did not properly evaluate the impeachment motion forwarded from the County Assembly in December last year, that voted to send him over abuse of office and other charges.

Respondents listed

Waititu has listed the Kiambu County Assembly, the Speaker of the Kiambu County Assembly, the Speaker of the Senate, the Senate and Nyoro as respondents in the case. 

He says his right to a fair hearing by the Kiambu County Assembly was violated during the debate and voting of the motion to impeach him on December 19, 2019.

Waititu says the decision by the members of the Assembly present, and the Speaker was driven by the desire to execute malicious and punitive measures against him.

He argues that the right to public participation in the process of his removal was not adhered to by the County Assembly thus violating Article 196 (1) (b) of the Constitution and thus a nullity.

Waititu says  the resolution for impeachment as was presented to the Senate by the County Assembly is founded on grave violations of their Standing Orders, key fundamental rights and constitutional guarantees,  and the right to a fair hearing as guaranteed by the Constitution.

He also seeks orders stopping the swearing in of Nyoro as the Governor of Kiambu County.

The matter has been certified as urgent and Waititu was ordered by the court to serve all the respondents before inter-partes hearing on Monday.