Court rejects citizen’s petition, allows Kisii DG to take office

Kisii Deputy Governor Elijah Obebo can now take office after the High Court dismissed a bid for conservatory orders on reinstating impeached Deputy Governor Robert Monda.

Obebo’s appointment was made in accordance with the law, ruled Nyamira High Court Judge Wilfrida Okwany.

Delivering the ruling on an application by Purity Moraa, a private citizen, to have Monda reinstated pending determination of a petition challenging his removal, Justice Okwany said Obebo’s appointment happened legally.

“The public interest on this matter tilts against the granting of conservatory orders as the electorate of Kisii County through their elected representatives both at the county assembly and the Senate heard the motion in accordance with the law and arrived at the majority decision to impeach the ninth respondent,” the judge said in the ruling she delivered by video link.

Once an impeachment process is concluded, just like in an election, she said, the will of the electorate prevails and cannot be stopped with conservatory orders.

She noted that the impeachment of a governor or his deputy is a constitutional process provided for and governed by the Constitution and the statutes.

“I find that just like in an election scenario, where the will of the electorate prevails, and the winner is gazetted and sworn in despite the existence of an election petition challenging an electoral process, a similar process obtains in an impeachment process which can still be challenged or undone after the hearing of the petition on its merits,” Justice Okwany ruled.

But she said the petitioner and the impeached DG had a prima facie case in the petition that must be heard and determined before a remedy is offered.

The Court ruled that denial of the conservatory orders will not jeopardise the petition, as a determination may be reached that will offer remedies, including reinstatement or compensation to the aggrieved party should he prove his case.