Declare my ouster as governor illegal, Waititu urges court

Former Kiambu governor Ferdinand Waititu is seeking to regain his county seat through the courts, arguing that he was unlawfully removed from office.

Through lawyers Wildred Nyamu and Charles Njenga, Mr Waititu has urged three judges of the High Court to declare his January 2020 ouster illegal, null and void.

He asked justices George Dulu, Grace Nzioka and Wilfrida Okwany to kick out Governor James Nyoro and reinstate him to his former position.

He urged the court to inquire into the process in which he was ousted by the Kiambu County Assembly.

The judges were told that the swearing-in of Governor Nyoro as Mr Waititu’s successor, following the passage of an impeachment motion, was a violation of the Constitution, null and void.

Lawyer Nyamu told the three-judge bench that the impeachment of Mr Waititu cannot be recognised by the law since only 57 MCA voted for the removal of the former governor.

"Six of the MCAs were in Dubai, two were absent without apology, three were away in UAE while 30 were absent," said Mr Nyamu.

Order return

The lawyer said since the law was violated, the court should order that Mr Waititu returns to office as governor

"The petitioner (Waititu) has a right to get back to his office as if he was never removed. There was no impeachment," he said.

Mr Nyamu added that Mr Waititu was the people’s choice during the 2017 General Elections and he should not have been bungled out of office in a clandestine manner.

The lawyer submitted that that the resolution passed by the county assembly and the Senate, leading to his client’s impeachment, was marred with grave illegalities and wants it quashed.

The court heard that the motion, though passed by the County Assembly of Kiambu on December 19, 2019, violated the County Governments Act and the assembly’s standing orders as it was passed without quorum, hence it ought not to have been debated.

“The motion for my impeachment was presented by the mover on December 3, 2019 and the same was debated and dispensed with on  December 19, 2019, outside the 14 days’ time stipulated under Standing Order No 82 (2) (b) of the Kiambu County Assembly Standing Orders,” Mr Waititu said.

Right to fair hearing

The court was told that Mr Waititu’s right to a fair hearing was violated by the assembly by refusing to allow his advocates to appear and defend the charges before it.

Mr Waititu was impeached after accusations of massive corruption, embezzlement of public funds and abuse of office.

Lawyer Kibe Mungai is defending Governor Nyoro and the Kiambu County Assembly. Hearing continues.