The third and current governor for Kiambu James Nyoro is in trouble as his former boss seeks his ouster from the Top county Position.
Governor Nyoro who rose to power after Waititu was impeached has been accused by his former boss of assuming office in an unconstitutional manner. Waititu is challenging his impeachment in the high court at Milimani giving a variety of reasons why the impeachment should be overturned.
Waititu through his legal team Nyamu and Njiru claims that his impeachment motion was unconstitutional as it didn’t observe all the procedures set out in the law. in order for a governor to be impeached at least two thirds of all the members in the county assembly should be present.
According to documents obtained https://www.iconnews.co.ke news team, it shows that only 57 members of the county assembly were present during the motion against the 62 MCA’s Required for the motion.
The court also heard that the speaker of the county assembly absconded on his duties as he didn’t ensure there was the requisite quorum in time for the motion. Waititu also noted that he was not willing to take a cash reward but instead wanted his impeachment declared null and void and governor Nyoro to vacate his position with immediate effect.
Lack of Authority
In this response through his lawyers Governor Nyoro indicated that, he cannot vacate the seat as he was sworn in by a high court judge after due process was followed. his team also claimed that the High court didn’t have the requisite mandate or authority to decide the seat vacant at this time since it is provided for in the constitution.
Waititu can only be given a cash reward if the court finds out that his fundamental rights were not observed during the impeachment process but he cannot be awarded the governor’s position.
I was in KANU for protection, Waititu Declared