Court rejects Wajir deputy governor’s bid to remain in top office
Wajir Deputy Governor Ahmed Ali Muktar. The Court of Appeal has rejected his request to remain in the office of governor.
The Court of Appeal has rejected request by Wajir Deputy Governor Ahmed Ali Muktar to remain in the office of governor after the High Court quashed the impeachment of his boss Governor Mohamed Abdi.
Mr Muktar wanted to continue occupying the governor’s office pending the determination of his appeal against the High Court’s decision that reinstated his boss.
He had urged the court to suspend the execution of the judgment dated February 16, 2022 on grounds that he has an arguable appeal with high chances of success.
But a three-judge bench of the Court of Appeal dismissed his request and held that there was nothing to suggest that if the execution of the disputed decision is not suspended his appeal will be rendered nugatory in the event it succeeds.
“Even though Mr Muktar’s appeal is arguable, our decision not to grant the injunctive relief sought pending appeal would by no means render the intended appeal nugatory,” said Justices Wanjiru Karanja, Hannah Okwengu and Imaana Laibuta.
Can be paid damages
They added that should the appeal succeed, Mr Muktar can be paid damages, adding that he stands no risk of suffering irreparable harm.
“In the event the appeal succeeds, he would no doubt find comfort in damages that would avail for any loss that he might suffer on account of our decision to decline to grant the orders of stay,” said the appellate judges.
The ruling paves way for Mr Abdi’s return to the governor’s office after being impeached in May last year over alleged gross violation of the Constitution.
The High Court overturned the impeachment following a finding that there was no public participation by the county assembly at the time it launched the impeachment process.
The court said both the county assembly and Senate violated the law because Wajir residents were supposed to be involved in the ouster motion.
“The proceedings of the county assembly were null and void, as [was] the subsequent confirmation at the Senate flowing from the county assembly determination,” said the court.
The High Court further ruled that Mr Muktar was sworn-in in disobedience of court orders that had stopped the event.
Breach of the constitution
“The court has found that the impeachment proceedings were conducted in breach of the constitutional and statutory provisions and in disobedience of the orders of the court made by the High Court, as the constitutional court, prior to the commencement of the impeachment trial proceedings,” said the court.
Another finding was that the swearing in of Mr Muktar as governor contravened the mandatory provisions of Section 11 (2) as read together with Section 16 (1) (a) of the of the Assumption of the Office of the Governor Act.
