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.
