Chief Justice Martha Koome will form a three Judge bench to determine a petition that sought nullification of the impeached Wajir Governor Mohammed Abdi Mohammed.
Justice Jeremy Otieno sitting in Meru on Monday said he was in agreement with the petitioners that there were court orders which effect when Mohammed was removed from office.
“It is hereby directed that the matter be heard by more than one judge and it shall henceforth be dealt with after the chief justice exercises mandate under articles 165(4) of the constitution”, the orders read.
The judge also directed that court orders issued on May 18 2021 remain in force.
On May 18, the court stopped the replacement of Mohamed Abdi Mohamud as Wajir governor despite his impeachment by the Senate.
Justice Otieno also stopped the swearing-in of Wajir Deputy Governor Ahmed Mukhtar as the new county boss until a case filed by five county residents is heard and determined.
The judge further suspended implementation of the Kenya Gazette notice of May 17, which announced the Senate’s resolution to remove the governor on abuse of office charges.
Justice Otieno certified the application filed by Aden Ibrahim, Omar Jele, Bishar Ahmed, Safiya Mahammed and Yussuf Ibrahim as urgent.
Through their lawyers, the applicants wanted the Senate’s resolution nullified as it was conducted while there was a court order stopping it.
They argued that the High Court issued orders on April 29, stopping the Senate from discussing the resolution by the County Assembly of Wajir to impeach Abdi.
The petitioners who are residents of Wajir had named the Senate, Speaker Kenneth Lusaka, the Wajir County Assembly, its clerk Shalle Sheikh, Speaker Ibrahim Ahmed and Tulatula MCA Abdullahi Issack as respondents.
Mukhtar, the chief registrar of the High Court and the Assumption Of The Office Of County Governor Committee have also been listed as interested parties.
Justice Otieno had also said that during that period, the chief registrar of the High Court should not allocate a judge to swear-in
Mukhtar as governor, while the committee should not gazette the date and time of oath-taking by the deputy governor.
The petitioners said that since the respondents had disregarded court orders, if the swearing-in went on, it would amount to condoning abuse and disobedience to court orders.
They added that guided by the expediency to swear-in the deputy governor in the present case, Mukhtar had witnessed in the previous impeachment of Governor Waititu of Kiambu and Governor Sonko of Nairobi, irrespective of the pending court process challenging the impeachment process.
It is incumbent on the court to protect the instant petition from rendering it an academic exercise, they said.
Justice Otieno had set the inter parties hearing for June 3.