The Judiciary has put on hold the swearing-in of Dr. James Nyoro as the Kiambu governor.
Dr. Nyoro's swearing-in was scheduled for Thursday following the impeachment of Ferdinand Waititu by the Senate.
"For unavoidable reasons, the swearing-in of Dr. James Nyoro will not be conducted today. A new date will be communicated in due course. We apologize for any inconvenience caused," said a Judiciary communication official.
Kiambu County Speaker Stephen Ndichu said that they held discussions with Justice John Onyiego, who had been dispatched by the Judiciary to swear-in Nyoro, and decided to seek an advisory opinion from the Attorney-General (AG).
Speaker Ndichu said the AG wrote back telling them that it is lawful swear-in Nyoro but since the ceremony must be held between 10 am and 2 pm, they will seek an alternative date.
The Assumption of the Office of Governor Act, 2019
The swearing-in ceremony is governed by The Assumption of the Office of Governor Act, 2019.
On the assumption of office of the county governor by the deputy governor, the Act states that the ceremony should be guided by the rules for the swearing-in of the Governor-elect under Article 11 which states that:
"The County Governor-elect shall be sworn-in on the first Thursday after the tenth day following the declaration of the final results of the election of the County Governor by the Commission."
The swearing-in should also be conducted in a public ceremony before a High Court judge.
The oath or affirmation of office under Article 11 should also be administered not earlier than 10 am and not later than 2 pm.
Waititu was impeached on Wednesday night over three charges of contravening the law.
But on Thursday morning, his lawyer Collins Kipkorir told K24 Digital that they had applied for conservatory orders at the High Court to revoke the Senate impeachment pending hearing and determination of his appeal.
Earlier, the Judiciary had issued a statement saying that High Court judge John Onyiego would preside over the ceremony.
“High Court Judge Onyiego will today, January 30, preside over the swearing-in ceremony of the new Kiambu Governor James Nyoro,” the Judiciary said in a statement.