The Court of Appeal has rejected Wajir Deputy Governor Ahmed Ali Muktar's bid to remain in office as governor.
He temporarily served as the county chief after Governor Mohammed Abdi Mohammud was impeached last year. Abdi was reinstated by the court last month.
But Muktar appealed against the reinstatement and sought orders to have him remain in office pending the hearing and determination of his appeal.
The Court of Appeal judges declined to grant him the orders.
Justices Imaana Laibuta, Wanjiru Karanja and Hannah Okwengu ruled that the absence of an order suspending the decision to reinstate Governor Abdi would not make the appeal useless.
“We find that, even though the applicant’s appeal is arguable, our decision not to grant the injunctive relief sought pending appeal would by no means render the intended appeal nugatory,” the judges ruled.
The ruling allows Abdi to assume his earlier role as governor starting March 10 as Muktar reverts to his original post as deputy governor.
In February, the High Court in Meru reinstated Abdi, who was impeached by the county assembly and the Senate in May last year, for gross violation of the Constitution.
The court termed his removal from office illegal, saying the county assembly did not show proof of public participation when it launched efforts to eject him from office.
According to the three-judge bench, the swearing-in of Muktar as Wajir governor and consequent appointment of Hashim Musa as deputy governor was null and void.
The judges ruled that he did not satisfy the twin principles for one to be granted the order as required under Rule 5(2) (b) of the Court of Appeal Rules.
“Should the tide turn with the success of Muktar’s appeal, he would no doubt find comfort in damages that would avail for any loss that he might suffer on account of our decision to decline the orders of stay or conservatory orders sought in his motion,” the judges ruled.
Abdi was impeached on May 17, 2021 over allegations of abuse of office and misappropriation of funds.
His position was immediately taken up by Muktar who was deputy governor at the time. Muktar served as governor until last month when Abdi was reinstated by the High Court.
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