The High Court in Meru has reinstated impeached Wajir Governor Mohamed Abdi.
In their declaration, Justice Edward Murithi who was presiding, Patrick J Otieno and Justice Thripsisa Cherere said the impeachment by the Wajir County Assembly failed to conduct public participation in the process of sacking the governor.
The judges also ruled that the swearing-in of Ahmed Mukhtar as the Governor of Wajir and consequent appointment of Hashim Musa as deputy governor was null and void.
Mukhtar was ordered to go back to his office as the deputy governor.
In a virtual ruling, the judges said that the impeachment was in breach and disobedience of valid court orders.
They said the conservatory orders issued by the High Court at Meru were proper.
“The impeachment motion at the county assembly was defective,” they ruled.
They ordered that the county boss should resume office on March 10 in a smooth handover.
In May last year, lawyers Kiogora Mugambi, Mwangi Ndegwa and Ndegwa Njiru had filed a petition under certificate of urgency before resident judge Edward Muriithi on behalf of Wajir residents Bishar Ahmed Hussein, Aden Ibrahim Mohammed, Safiya Mahamed Abdi, Omar Jele Abdi and Yussuf Ibrahim Dimbil.
They had sued the County assembly of Wajir, Clerk of the County was named an interested party.
The Meru court had also said the Senate should not proceed to debate any motion of impeachment based on Wajir County Assembly resolutions of April 27, 2021.
Governor Mohamed was impeached on allegations of gross misconduct, abuse of office and financial impropriety.
Thirty-seven MCAs voted in favour of the impeachment motion while 10 opposed his removal from office in April 2021.