Court quashes bid to reinstate impeached Kisii deputy governor

Politics
By Stanley Ongwae | Jun 13, 2024
Impeached Kisii Deputy Governor Robert Monda. [Boniface Okendo, Standard]

Newly appointed Kisii Deputy Governor Elijah Obebo has gotten a reprieve after the High Court dismissed prayers for conservatory orders on the reinstatement of impeached Deputy Governor Robert Monda.

This means that the swearing-in of Mr Obebo will proceed after Nyamira High Court Judge Wilfrida Okwany found that his appointment was legal.

Justice Okwany, while delivering the ruling on the application by Purity Moraa, a private citizen, to have Dr Monda reinstated to office pending the determination of the petition challenging his removal, said the appointment of Obebo was in line with the Constitution.

The Judge said once an impeachment process is concluded, just like in an election, the will of the electorate prevails and cannot be stopped or repeated by conservatory orders.

She ruled that the impeachment of the governor or his deputy is a constitutional process provided for and governed by the Constitution and the statutes.

"I find that just like in an election scenario, where the will of the electorate prevails, and the winner is gazetted and sworn in despite the existence of an election petition challenging an electoral process, a similar process obtains in an impeachment process which can still be challenged or undone after the hearing of the petition on its merits," Justice Okwany ruled.

The court found that Moraa had duplicated the petition that was first filed at the Kisii High Court by Monda himself but was thrown out.

She cited this as one of the failures of the petitioner in satisfying the court that the impeachment of Monda would subjudice her rights.

The petition will be mentioned at the Nyamira High Court on July 22, 2024.

Share this story
It's fresh faces and familiar rivals as Stars prepare for 2027 Afcon
Coach McCarthy has named five new faces in Harambee Stars squad.Kenya to face South Africa, Guinea and Eritrea in 2027 Afcon qualifiers.,
SportPesa Premier League: APS Bomet edge Bandari to ease relegation fears
The win eased off relegation fears APS Bomet have been battling for the better part of their debut season in the Premier League.
Experienced Okello, Chajira named in Kenya Lionesses squad for Rugby Africa Cup
Kenya Lionesses have named an experienced squad featuring Janet Okello and Sheila Chajira for the Rugby Africa Cup as they aim to improve on their previous runner-up finish.
McCarthy set for emotional South Africa reunion after AFCON Draw
Harambee Stars coach Benni McCarthy is preparing for an emotional clash against his home country after Kenya was drawn with South Africa in the 2027 Afcon qualifiers.
Junior Starlets gear up for World Cup qualifier encounter against Uganda
Junior Starlets have set their sights on a crucial away win over Uganda’s Teen Cranes as they aim to secure their return to the global stage.
.
RECOMMENDED NEWS