Former Kiambu governor Ferdinand Waititu now wants the court to reinstate him as Kiambu governor nearly two years after he was impeached.
Waititu told the court that his impeachment from office was unlawful therefore it should be declared null and void.
Through his lawyers Wildred Nyamu and Charles Njenga, Waititu three judges of the High Court to kick out Governor James Nyoro from office and reinstate him as the county chief.
He urged justices George Dulu, Grace Nzioka and Wildred Okwany to look into the process in which he was impeached by the Kiambu County Assembly.
He argued that the swearing of Nyoro as Kiambu governor was a violation of the constitution hence it was null and void.
According to lawyer Nyamu, Waititu’s impeachment cannot be recognised by the law since only 57 MCAs voted for his removal from office.
“Six of the MCAs were in Dubai, two were absent without apology, three were away in UAE while 30 were absent,” Nyamu told the bench.
“The petitioner (Waititu) has a right to get back to his office as if he was never removed. There was no impeachment,” he added.
Nyamu further argued that Waititu is the rightful governor of Kiambu and should have not to be impeached clandestinely.
He told the court that Waititu’s impeachment was marred with grave illegalities and wanted it quashed.
The court heard that motion to impeach Waititu violated the County Government’s Act and assembly’s standing orders as it was passed without quorum therefore it shouldn’t have been debated.
