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Waititu loses bid to block Nyoro from appointing deputy

Monday February 3 2020

Impeached Kiambu Governor Ferdinand Waititu

Impeached Kiambu Governor Ferdinand Waititu in a Nairobi court on January 30, 2020, over an application against witnesses Faith Njeri Harrison and Justus Bundi Kinoti in his Sh580 million corruption case, January 30, 2020. PHOTO | PAUL WAWERU | NATION MEDIA GROUP 

MAUREEN KAKAH
By MAUREEN KAKAH
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Impeached Kiambu Governor Ferdinand Waititu on Monday lost his bid to block newly sworn-in Governor James Nyoro from appointing a deputy.

High Court Judge James Makau ruled that Mr Waititu did not establish a prima facie case, which means he failed to prove his case by providing sufficient evidence to warrant the order.

The judge faulted him for seeking orders which were not indicated in his filed case documents.

“Prayers sought are totally different from what is in the petition. He seeks orders which cannot be entertained," he said.

OPTION

The court said, however, that Mr Waititu can raise the matter in a new suit.

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Earlier on Monday, Mr Waititu pleaded with the court to temporarily block Mr Nyoro from appointing a deputy, pending determination of his case.

The Kiambu assembly, the Senate and both Speakers protested against the request, saying Governor Nyoro has the right to name a deputy.

They also told the court that Kiambu residents will be prejudiced if the appointment of a deputy governor is halted.

PRESSURE

Leaders started piling pressure for Mr Nyoro to nominate a woman soon after he took the oath of office on Friday.

County Assembly Speaker Stephen Ndichu said the governor responded in the affirmative when they discussed the matter.

Before Mr Nyoro was sworn in, Mr Waititu asked the High Court to stop the ceremony, in a challenge to the process of his impeachment.

He had sought orders stopping the swearing-in of his deputy and the suspension of implementation of resolutions of the Senate, which voted for his removal from office.

He also wanted Mr Nyoro barred from assuming office or executing the functions of governor.

High Court Judge Weldon Korir declined to grant the request.