High Court Upholds Impeachment of Former Kiambu Governor Ferdinand Waititu

The High Court has upheld the impeachment of former Kiambu governor Ferdinand Waititu.

A three-judge bench comprising Justices George Nduru, Grace Nzioka, and Wilfreda Onkwany dismissed Waititu’s petition challenging his ouster and the installation of current Governor James Nyoro.

The judges ruled that the Kiambu County Assembly and the Senate followed the law in the removal of Waititu from office, adding that the petitioner was accorded a fair hearing.

"The impeachment of Waititu fully complied with the constitution and statutory requirements. We, therefore, find that the petitions lack merit and are hereby dismissed,” the judges unanimously ruled.

The court also found that the swearing-in of Nyoro as the new governor of Kiambu following the removal of Waititu was constitutional.

The judges also ruled that Waititu failed to prove claims that there was no quorum in the county assembly on the day he was impeached. 

“We have considered the arguments on the issue of quorum and find that there is no dispute that the requisite quorum to pass a valid resolution on a special motion by the assembly is two-thirds of its membership. The bone of contention is whether the 62 number threshold was met. We find that the burden of proving that the number threshold was not met rested on the petitioners going by the adage “he who alleges must prove,” the judges added.

Waititu was impeached in January 2020 on grounds of gross misconduct, abuse of office, and engaging in corruption.