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Landmark Case as Sworn In Governor is Demoted to Deputy Governor
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Governors led by the Council of Governors, Martin Wambora, issue a statement in solidarity with Wajir County Governor Ali Mohamud (far left) on May 28, 2021.
Nation Africa
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The Court of Appeal has made a landmark ruling that will for the first time see a sworn-in governor resuming his old job as a deputy governor.
The court on Wednesday, March 9, ruled that Wajir Governor Ahmed Mukhtar was not properly in office and ordered the formerly impeached governor Mohamed Abdi Mohamud to resume his old job.
This is the first time since the 2010 Constitution that a sworn-in governor will be relegated after taking office and earning a salary for nine months.
Newly sworn in Wajir Governor Ahmed Ali Muktar
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The High Court had earlier ruled that the Wajir impeachment was flawed and overturned Mohamud’s impeachment. However, the former Governor was not allowed back to office after Mukhtar moved to the appellate court.
The Court of Appeal judges ruled that Mukhtar’s Memorandum of Appeal setting out 27 grounds for his appeal were merely argumentative.
“To be successful, an applicant must first show that the intended appeal or the appeal (if filed) is arguable, and not merely frivolous,” stated the court. Secondly, the applicant must show that the appeal, or the intended appeal, if successful, would be rendered nugatory if such stay or conservatory orders were not granted,” the court rule.
Mohamud was impeached on May 2021 after the Senate voted to confirm his impeachment by the Wajir County Assembly.
The MCAs had on April 27, 2021, voted to remove the Governor from office on allegations of gross misconduct, abuse of office and financial impropriety.
While other governors have been impeached before him, they had been reinstated by the court before their deputies assumed office through a properly constituted swearing ceremony that was officially gazetted.
Embu Governor, Martin Wambora made history in 2014 after he became the first Governor to be impeached by MCAs and his removal was endorsed by the Senate.
However, he was reinstated after a court in Kerugoya ruled that his ouster was null and void and that it was done in violation of a court order that had been issued to the assembly. A court had also temporality halted his deputy’s swearing-in ceremony.
Notably, Kiambu Governor Ferdinand Waititu and his Nairobi counterpart Mike Sonko were removed from office after the Senate found them guilty of the allegations brought upon them by their respective county assemblies.
They have since been unable to resume their offices through the courts which have turned down all their applications seeking to quash the respective impeachments.
Wajir Governor Mohamed Abdi Mohamud during a press conference on April 27, 2021
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