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Reprieve for Wambui Nyutu as court halts NCIC ouster

The judge, however, clarified that the conservatory orders will automatically lapse should the petitioner fail to comply with specific procedural timelines

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by JAMES GICHIGI

News06 August 2025 - 12:25
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In Summary


  • Nyutu, as the petitioner in the case, is seeking protection from what she terms an unlawful attempt to prematurely remove her from office.
  • Her legal team argued that the risk of removal remains live even though the respondents have yet to act on such proceedings.
NCIC Vice Chair Wambui Nyutu/ FB COURTESY

Wambui Nyutu can continue serving as Vice Chairperson at the National Cohesion and Integration Commission (NCIC), after the High Court issued interim conservatory orders barring any attempts to remove her from office, pending the outcome of a petition she has filed contesting such efforts.

Justice Bahati Mwamuye issued the directive during an August 6, 2025, court session where the matter came up for directions.

Nyutu, as the petitioner in the case, is seeking protection from what she terms an unlawful attempt to remove her from office prematurely.

Her legal team argued that the risk of removal remains live even though the respondents have yet to act on such proceedings.

Counsel Aramana added that while it may be difficult to predict with precision whether such a motion will materialise before the set October 23 judgement date, the possibility exists because any party, not just the named respondents, can lawfully petition for her removal.

In response, Justice Mwamuye questioned whether Nyutu’s legal team believed a removal attempt was imminent or merely speculative, but opted to grant temporary protection.

“Pending delivery of judgment in this matter, conservatory orders be and are hereby issued restraining the first respondent from furthering any motion or action for the removal of the petitioner from the office as the commissioner of the first respondent,” Justice Mwamuye ruled.

The orders are not open-ended, however.

The judge clarified that they will automatically lapse should the petitioner fail to comply with specific procedural timelines, particularly the filing and service of court documents such as written submissions.

“However, these conservatory orders shall lapse in the event that the petitioner fails to file and serve any process by the time stated in the above directions,” the judge noted.

The court also fixed September 11, 2025, as the date for the highlighting of submissions.

The orders now offer Nyutu a reprieve, ensuring her continued stay in office unless and unless the court rules otherwise.

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