Court dismisses bid to stop governor from resuming office

The Wajir Deputy Governor Ahmed Muktar has lost his bid to continue holding onto the top county office.

The court sitting in Nyeri yesterday dismissed Muktar’s application to suspend an order that reinstated Mohamed Abdi as governor.

“In other words, nullification of the impeachment of the Mohamed, and the court’s orders restoring him to office has the effect also of restoring the Muktar to the position (of Deputy Governor) which he was before the nullified impeachment,” said the ruling by judges Wanjiru Karanja, Hannah Okwengu and Imaana Laibuta.

On February 16, the High Court in Meru reinstated Mohammed after he successfully challenged his impeachment.

The appellate court rejected all the 27 grounds that Muktar had cited while seeking to halt the return of his former boss, dismissing them as merely argumentative.

“In our considered view, the applicant stands no risk of irreparable harm should his appeal succeed in the absence of a stay,” the judges said.

"To be successful, an applicant must first show that the intended appeal or the appeal (if filed) is arguable, and not merely frivolous. Secondly, the applicant must show that the appeal, or the
intended appeal, if successful, would be rendered nugatory if such stay or conservatory orders were not granted."

The court noted that Mohammoud had expressed his apprehension that, if stay is granted as sought, he might not be cleared to vie in the forthcoming General Election.

"In our considered view, Muktar stands no risk of irreparable harm should his appeal succeed in the absence of stay," the judges noted.