Ferdinand Waititu fights impeachment in court

Impeached Kiambu Governor Ferdinand Waititu in a Nairobi Court on January 30, 2020. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • Mr Waititu has sued the Senate, Kiambu County Assembly and Speakers of the two Houses as well as his deputy James Nyoro.
  • He claims his impeachment by Kiambu County Assembly was passed by 57 members, which is way below the required threshold of 62, as required in the County Government Act.

Impeached Kiambu Governor Ferdinand Waititu has decided to fight his ouster in court.

Mr Waititu has sued the Senate, Kiambu County Assembly and Speakers of the two Houses as well as his deputy James Nyoro.

PREJUDICE

In his filed case documents, he argues that he was unlawfully kicked out of office by Kiambu County Assembly on December 19, 2019, and that the disputed resolution was passed on January 29.

Through his lawyers, he claimed that the said resolution of the Kiambu County Assembly was passed by 57 members which is way below the required threshold of 62 as required in the County Government Act.

“Mr Waititu has suffered immense prejudice with the resolution of the Senate pursuant to the earlier one made by the county assembly, therefore his deputy stands to be sworn in, unless orders granted he is bound to continue to suffer,” said his lawyers.

Mr Waititu wants the swearing-in of his deputy Nyoro halted and implementation of the Senate’s resolution suspended.

SUSPENDED

He also wants Dr Nyoro to be barred from assuming office or executing functions as a county chief and implementation of the Gazette notice which indicated his impeachment suspended.

High Court Judge James Makau has certified the case as urgent and asked him to serve the sued parties with copies of the case documents by midday Friday before the hearing of the case on Monday.