Governor Ferdinand Waititu has once again moved to the Court of Appeal under a certificate of urgency seeking stay of execution of High Court order barring him from accessing his office.
In the application filed on Wednesday by his lawyer Prof Tom Ojienda, Waititu further seeks to restrain his deputy, Dr James Nyoro, from purporting to discharge the functions of the governor.
He claims he is the sitting governor for Kiambu County government having been elected in a free and fair election.
The applicant was arrested and charged with two counts of dealing with suspect property and a charge of conflict of interest.
The magistrate granted him bail with strict terms not to access his office citing the Anti-Corruption and Crimes Act which provides that a public officer who is charged with economic crimes shall be suspended with half pay from the day of charge until the conclusion of the case provided that the case shall be determined within 24 months.
However, the same act does not provide with respect to the same office terms of removal from office.
Waititu claims that an holder of a constitutional office can only be removed from office through a laid down procedure and cannot be removed or suspended through their being charged.
“By granting bail term that stopped him from attending his office, the court violated provisions of the 2010 Constitution,” said Prof Ojienda.
He further claims that the deputy governor, Nyoro, has been re-assigning duties to members of County Executive Committee, functions he says are reserved only for governors.
He claims the Constitution limits the functions of the deputy governor as far as delegated duties are concerned to overseeing the functions of the committee.
He claims the absence of the governor has stalled the appointment and nomination of members of Kiambu County Public Service Board to succeed those whose terms have ended.
Waititu claims his suspension from office is illegal and unless the application is heard urgently, the governor’s term will brought to an unconstitutional end.
Court of Appeal Judge Roselyn Nambuye ordered the application to be placed before the appellate court’s president for further directions.
The governor had filed another application before the same court which is scheduled for judgment on December 20.