Abdi Guyo: Reprieve for Isiolo Governor as High Court Overturns His Impeachment
- The High Court has set aside the move by the Isiolo County Assembly to impeach Governor Abdi Guyo on Thursday, June 26
- Justice Eston Nyaga said the impeachment proceedings went ahead despite existing court orders secured by the governor against the motion, and gave instructions on the way forward
- Sixteen out of 18 ward representatives in Isiolo voted in favour of Guyo's ouster, citing abuse of office and gross misconduct, among other charges
The High Court in Meru has granted the prayers of beleaguered Isiolo governor Abdi Guyo, who moved to challenge his impeachment.
Source: Facebook
Why Meru High Court nullified Governor Guyo's impeachment
Justice Eston Nyaga said the county assembly went ahead with the impeachment motion despite active orders staying the proceedings.
The court had, on Wednesday, June 25, issued the orders barring the motion, just a day before Guyo was impeached.
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Justice Nyaga suggested the county assembly erred by bypassing the orders to prosecute the motion of impeachment.
"The orders of June 25 were not set aside or stayed, then they still remain in force," he said.
The judge stated that the orders the governor secured against the impeachment proceedings would remain active until they are reviewed by whichever court.
Any other move would be in defiance of the court and hence ultimately considered null and void.
"Any acts by the respondents or any other body, acting pursuant to an act of defiance of the court orders, shall be null and void. That said, those orders shall remain in force until they are set aside or reviewed either by this court, another court or the Court of Appeal," Justice Nyaga said.
Meanwhile, the judge ordered the Speaker of the county assembly and the clerk to appear before him on Monday, June 30, over allegations of acting in contempt of court by bulldozing the impeachment motion despite the existing orders.
"They are ordered to appear in person and/or accompany the counsel of their choice to respond to the alleged contempt or the orders sought on Monday 30th June at 9 am," he said.
The Senate in Nairobi had been slated to take over the matter and decide Guyo's fate either in plenary or committee sessions.
Governor Abdi Guyo's impeachment
The first timer in the Council of Governors (CoG) was removed from office following allegations of gross misconduct and abuse of office.
The motion to impeach him, introduced by Sericho MCA Abubakar Godana, received the backing of 16 out of 18 County Assembly members during a heated and tightly secured session.
Two ward representatives abstained.
Source: Twitter
Why Abdi Guyo was impeached
Godana claimed that the governor had contravened Chapter Six of the Constitution, the Public Officers' Ethics Act, and the Leadership and Integrity Act.
The MCA asserted that Guyo blatantly flouted the foregoing acts "which provide for respect for the rule of law, good governance, accountability and transparency as key principles of leadership."
The charges outlined against the governor included serious misconduct, misuse of county resources, and disregard for legal and constitutional responsibilities.
Among the accusations was the appointment of 36 advisors, significantly exceeding the four permitted by the Salaries and Remuneration Commission.
Guyo made history as the first MCA to directly rise to governorship following his election as Isiolo governor in 2022.
He was elected on a Jubilee Party ticket.
Prior, he served as the Matopeni ward representative in Nairobi.
Guyo was the Nairobi County Assembly's majority leader between 2017 and 2022.
Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
