James Nyoro to be sworn in as Kiambu governor Friday

Kiambu Deputy Governor James Nyoro. He will be sworn-in as governor on January 31, 2020. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Mr Waititu had sought orders stopping the swearing-in of his deputy and the suspension of implementation of the resolutions of the Senate.

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

The swearing-in ceremony of Mr James Nyoro as Kiambu Governor will be conducted on Friday, January 31, 2020, at the County headquarters.

A notice in the special issue of the Kenya Gazette and the County Gazette published late on Thursday indicated that the event will start at 10am. The notice was signed by the Kiambu County Secretary Martin Mbugua.

LEGAL ISSUES

The decision to swear Mr Nyoro, who was impeached Governor Ferdinand Waititu’s deputy, comes after the initial swearing-in failed to take place on Thursday after a judge appointed by the Judiciary raised legal issues with the manner the event was planned.

It also comes hours after the high court declined to stop the swearing-in ceremony after Mr Waititu moved to court to challenge his impeachment by the Senate and the planned swearing-in of his deputy.

High Court Judge James Makau instead certified the case as urgent and asked Mr Waititu to serve copies of the case documents to the parties by Friday noon before the hearing of the case on Monday.

The embattled governor had sought orders stopping the swearing-in of his deputy and the suspension of the implementation of the resolutions of the Senate. He also wanted Mr Nyoro barred from assuming office or executing the functions of a governor.

IMPEACHED

Mr Waititu was impeached by the County Assembly on December 2019 and was removed on Wednesday after the Senate found him guilty of all the three charges levelled against him by the County Assembly.

Soon after his impeachment on Wednesday, Senate Speaker Ken Lusaka published a special notice in the Kenya Gazette notifying the public of the House’s decision.

As a result of the Gazette Notice, the judiciary dispatched High Court Judge John Onyiego to conduct the swearing-in ceremony.

However, the judge arrived in Kiambu and locked himself in the office, raising some legal technicalities over the process. According to the Assumption to the Office of Governor Act, an elected governor is supposed to be sworn in 10 days after declaration of election results.

ILLEGAL

Similarly, the judge argued that the date, time and venue of the event had not been gazetted which, in his opinion, rendered the process illegal. Sources say that a legal opinion was sought from the office of Attorney-General.  

A source privy to the matter said the AG had argued that the issues raised by the judge only applied to a newly-elected governor not a deputy governor who assumes office as a result of a vacancy in the office of the governor. Solicitor-General Kennedy Ogeto was dispatched to Kiambu but he could not convince the judge.