Judge suspends Nyoro’s swearing in after realising it would have been unconstitutional

Thursday, January 30th, 2020 19:40 |
Kiambu governor James Nyoro addresses the press in Kiambu town. Photo/PD/FILE

Judge John Onyiego has explained why he postponed the swearing in of James Nyoro as the new governor of Kiambu County.

Following the impeachment of Kiambu Governor Ferdinand Waititu on January 30, the court hastily moved to swear in his deputy, but stopped midway.

Immediately after postponing the process, Justice Onyiego did not say the reasons for suspending the swearing ceremony.

"For unavoidable reasons,the swearing in of Dr James Nyoro will not be conducted today," said justice Onyiego in the previous statement.

The Judge later explained that the specific law for the process had not been followed.

"The swearing ceremony has been suspended and County Secretary is hereby advised to ensure that a Committee is established," Said Justice Onyiego.

What does the law say?

According to the Assumption of Office of Governor Act No.4 of 2019;

  1. County Committee on Assumption had to publish the swearing in Kenya Gazette.
  2. Nyoro ought to take the oath on the first Thursday after the tenth day after Governor's seat fell vacant.

The judge noted that the provision in the act was for both a Governor-elect and a Governor losing seat after an impeachment.

Reactions following the postponement

At Kiambu County headquarters, hundreds of residents turned up to witness 'Nyoro's swearing in'.

However, after hours of waiting, anxious leaders led by nominated Senator Isaac Mwaura went to 'look for the judge' to swear in Nyoro.

A section of leaders led by Isaac Mwaura(second from right) walk out to look for the judge. PHOTO/PD Gerald Ithana

The residents later calmed down after it became clear that the judge would not swear in Nyoro on January 30.

When will Nyoro be Sworn in?

According to the provisions of the law that justice Anyiego referred to, the day to swear in Nyoro is February 13. Justice Anyiego said that the Judiciary was ready to swear in Nyoro after compliance with the above provisions.

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