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Waitutu, Kasaine plead with court to allow them resume office

By Paul Ogemba | September 19th 2019

Kiambu Governor Ferdinand Waititu on September 18, 2019, at Supreme Court in Nairobi during the hearing of an appeal case in which he is seeking court powers to access office. [David Njaaga, Standard]

Kiambu Governor Ferdinand Waititu has pleaded with the Court of Appeal to allow him to return to the office to end a ‘looming crisis’ facing his administration.

At the same time, his Samburu counterpart Moses Lenolkulal accused the High Court of seeking to remove him through the back door by stopping him from accessing his office which has made it impossible to perform his duties.

The two governors were suspended and barred from accessing their offices following corruption charges against them.

They asked Appellate Judges Daniel Musinga, Agnes Murgor and Gatembu Kairu to overturn the decisions which they claimed had interfered with management of their governments and brought confusion in handling county matters.

Waititu through lawyer Tom Ojienda argued that his county is in a crisis because his deputy cannot perform some functions preserved for the governor, and that keeping out of office has brought unnecessary power struggle which is slowing down development.

“Not everyone might like Governor Waititu but let us abide with what the law says on constitutional office holders,” said Ojienda.

Lenolkulal’s lawyer Paul Nyamodi accused Justice Mumbi Ngugi of condemning him unheard, arguing that she erroneously declared Section 66 (6) of the Anti-Corruption and Economic Crimes Act, which protects governors from suspension, as unconstitutional without giving him a chance to defend it.

The judges, however, declined to temporarily allow them back to office until they deliver judgement on December 20.

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