Jul 28, 2021

Mawazo Writing Africa

Writing about the main

Case against impeachment of Wajir’s Mohamed Abdi referred to CJ

Justice Patrick Jeremy Otieno agreed with the petitioners that court orderswere in effect when Mr Abdi was hounded out of office, and said the application was weighty.

The judge noted that the Meru court issued three orders during the events that culminated in the replacement of Mr Abdi by his deputy, Ahmed Mukhtar, but that none was obeyed.

He particularly noted that the order he issued on May 18, stopping Mr Abdi’s replacement as Wajir governor, was still in effect.

On April 26, the courtissued orders temporarily stopping the impeachment until an application into the legality of the process was determined, but the Wajir County Assembly carried out the exercise.

Following the move, the court then stopped the Senate from debating Mr Abdi’simpeachment by the county assembly.

The Senate was also barred from commencing the formal process to gazette the ouster but Parliament still carried out the exercise on May 17.

Justice Otieno had also stopped the swearing-in of Mr Mukhtar as the new county boss and suspended implementation of a Kenya Gazette notice announcing the Senate’s resolution to kick out Mr Abdi.

Read: Packed schedule for Muktar as he begins reign as Wajir Governor

Also read: New Wajir governor: The stone that builders rejected

Orders sought

The petition to nullify the impeachmentwas filed by Aden Ibrahim, Omar Jele, Bishar Ahmed, Safiya Mahammed and Yussuf Ibrahim.

The Wajir residents also want a declarationthat Mr Abdi is still the governor.

They have named the Senate, its Speaker Kenneth Lusaka, the county assembly of Wajir, its clerk Shalle Sheikh, its Speaker Ibrahim Ahmed and Tulatula MCA Abdullahi Issack as respondents.

In a heated session, lawyers Ndegwa Njiru and Kiogora Mugambi, for the petitioners, decried continued disobedience to court orders, saying it sets a bad precedent.

They want Mr Mukhtar stopped from carrying out the executive duties of a governor since there is a pending petition and four court orders on the matter.

Overtaken by events

Lawyers Ahmednasir Abdullahi and Issa Mansur, appearing for the respondents, opposed the application, saying the orders sought had been overtaken by events since a new governor wassworn in.

They argued that the case ought to be taken to the Garissa High Court since it is near Wajir, but Mr Njiru informed the court that there were no sittings there when the petition was filed.

Last week, the petitionersargued that since the respondentsdisregarded court orders, if the swearing-in went on, it would amount to condoning abuse and disobedience of court orders.

“Guided by the expediency to swear-in the deputy governors in the present case, herein witnessed in the previous impeachment of Governor Waititu of Kiambu and Governor Sonko of Nairobi, irrespective of the pending court process challenging the impeachment process, it is incumbent on the court to protect the instant petition from rendering it an academic exercise,” said Mr Njiru.

[email protected]