In a ruling by a three judge bench composed of judges Justice Edward Muriithi, Patrick Jeremy Otieno and Thripsisa Cherere delivered virtually on Wednesday, the court noted that there was no public participation in the removal process of the governor.
According to the court, the county assembly did not provide evidence of public participation in the removal of Governor Mohamud.
Deputy Governor Ahmed Mukhtar, who has since taken over as Governor, has been directed to resume his initial deputy post for the remainder of the electoral term.
"Mohamed Abdi Mohamud was not removed from office legally... The swearing-in of Ahmed Mukhtar as the governor of Wajir and the appointment of Hashim Musa as deputy governor is therefore null and void," ruled the court.
Governor Mohamud was ousted on allegations of gross misconduct, abuse of office and financial impropriety. Thirty-seven MCAs voted in favour of the impeachment motion while 10 opposed his removal from office in April 2021.
The Senate upheld the County Assembly's decision to remove him from office, prompting the Governor to seek redress in court.
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