Embattled former Kiambu Governor Ferdinand Waititu now wants the court to bar the sitting county boss James Nyoro from appointing a deputy governor.
Waititu, through his lawyers, on Monday asked the court to exercise its jurisdiction under the Mutunga Rules and direct that Nyoro should not appoint a deputy pending hearing and determination of a case where he is challenging his impeachment.
While admitting that some of the prayers in the petition have been overtaken by events, the lawyers argued that the process of removing Waititu and swearing in Nyoro was done illegally.
Nyoro, through lawyer Kibe Mungai, opposed the application further filing a preliminary objection challenging the jurisdiction of the court to hear the case in Nairobi and not in Kiambu.
The Senate also opposed Waititu’s petition asking the impeached ex-Governor to file a formal application and argue it.
Nyoro was on Friday last week sworn in as the new Kiambu Governor by Justice John Onyiego in the presence of Kiambu Chief Magistrate Patricia Gichohi.
Waititu became the first governor in the history of Kenya to be successfully removed from office after he was, in December last year, impeached by Kiambu MCAs and their vote upheld by the Senate on Wednesday last week.
He was kicked out of office by the Senate on three charges: Gross Violation of the Constitution & Public Finance Management Act; Crimes Under the National Law; and Gross Misconduct/Abuse of Office.
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