The Court of Appeal has dismissed an application by Wajir Deputy Governor Ahmed Mukhtar to stay in office as the county governor.
This comes after the High Court last month quashed the May 17, 2021 impeachment of Governor Mohamed Abdi Mohamud, allowing him to return to take back his seat.
Mukhtar had appealed the ruling, arguing that the three-judge Meru High Court bench of Edward M. Muriithi, Patrick J. O. Otieno and Wamae T. W. Cherere erred in law.
Mohamud, in his replying affidavit, presented his case for the right to resume office, further stating that Mukhtar’s appeal did not raise any arguable issues.
“According to him (Mohamud), all that the trial court did was to restore the parties to the same position in which they were before his ‘illegal’ impeachment,” read court papers.
“He expresses his apprehension that, if stay is granted as sought, the IEBC might not clear him to vie for any political seat in the forthcoming elections.”
The Court of Appeal, in a ruling delivered on Wednesday, however described Mukhtar’s Memorandum of Appeal setting out 27 grounds for his appeal as “merely argumentative.”
“To be successful, an applicant must first show that the intended appeal or the appeal (if filed) is arguable, and not merely frivolous,” stated the court.
“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.”
Judges W. Karanja, Hannah Okwengu, and K.I Laibuta hence ruled that Mohamud and Mukhtar both retain their offices as Governor and Deputy Governor respectively.
Governor Mohamud is now set to resume his office on Thursday, March 10, 2022.