Justice John Onyiego has given reasons why he refused to swear in Kiambu deputy governor James Nyoro as the county boss.
Justice Onyiego said the county committee on assumption of governor’s office had not followed the law regarding the exercise.
The law requires publication and notification of the swearing in ceremony in the Kenya and the county Gazette stating the date, time and venue.
It is such gazette that grants the powers to swear in the deputy governor in such situations as that occurred after outgoing Governor Ferdinand Waititu’s impeachment.
The section requires a governor to be sworn in the first Thursday after the 10th day following declaration of results.
The provisions should apply with necessary modifications to the swearing in ceremony of the deputy governor who assumes office of the governor.
“I understand the modifications relating to shortening the 10 days period but that has also not been done,” Justice Onyiego said.
“In the view of the fact that the two provisions have not been complied with, the swearing in ceremony has been suspended and the county secretary is hereby advised to ensure that a committee is established and a resolution is passed in compliance with Section 11 of the Act [on Assumption of Governor’s Office].”
Nyoro was scheduled to be sworn in this afternoon.
