The Court of Appeal has declined to grant Wajir Deputy Governor Ahmed Ali Muktar request to continue in office as governor after the High Court annulled his boss Governor Mohamed Abdi’s impeachment.
The three-judge bench ruled that the absence of stay or conservatory orders would not render the appeal nugatory in the event the appeal succeeds.
“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,” ruled the Judges.
This means Abdi will assume his earlier role as Governor from early this month as Mukhtar reverts to his original role as deputy governor.
A Meru High Court reinstated him terming his removal from office as illegal, saying the County Assembly did not show proof of public participation when it launched the efforts to oust him from office.
He had urged the court to suspend the execution of the judgment dated February 16, 2022 on grounds that he has an arguable appeal with high chances of success.
Justices Imaana Laibuta, Wanjiru Karanja and Hannah Okwengu maintained that there was nothing to suggest that if the execution of the disputed decision is not suspended his appeal will be rendered nugatory in the event it succeeds.
