The Court of Appeal has rejected an application by Wajir’s deputy governor, Ahmed Mukhtar, to continue as county governor.
This comes after the High Court last month quashed the impeachment of Governor Mohamed Abdi Mohamed on May 17, 2021, allowing him to take back his seat. Mukhtar had appealed the decision, arguing that Edward M. . A three-judge Meru High Court bench of Murithi, Patrick Joe Otieno and Wamai TW Cherrere found fault with the law.
Mohamed presented his case for the right to resume office in his counter-affidavit, further stating that Mukhtar’s appeal did not raise any debatable issue.
“According to him (Mohammed), what the trial court did was to restore all the parties to the same position in which they were before their ‘illegal’ impeachment,” read the court papers.
“He expresses his apprehension that, if adjournment is granted as demanded, IEBC may not sanction him to contest for any political seat in the upcoming elections.”
In a ruling on Wednesday, the Court of Appeal, however, described Mukhtar’s Memorandum of Appeal as “only reasonable” 27 grounds for his appeal.
“To be successful, an applicant must first show that the intended appeal or appeal (if filed) is debatable and not merely frivolous,” the court said.
“Second, the applicant must show that the appeal, or intended appeal, if successful, shall be void if such stay or conservatory order is not granted.”
Judges W Karanja, Hanna Okwangu and KI Laibuta therefore ruled that both Mohamed and Mukhtar retain their offices as governor and lieutenant governor, respectively.
Governor Mohamed is now set to resume his office on Thursday, March 10, 2022.
