BY SAM ALFAN.
Wajir Governor Ahmed Ali Mukhtar who had temporarily replaced Mohammed Abdi Mohammud after his impeachment has failed in his bid continue serving as the county boss pending the determination of his appeal.
A bench of three judges of the Court of Appeal declined to allow Ahmed Mukhtar continue with his role of the county boss saying his case would not be tendered useless if the order is not granted.
Justices Imaana Laibuta, Wanjiru Karanja and Hannah Okwengu ruled that the absence of an order suspending the decision to reinstate Governor Abdi would not make the appeal useless.
“We find that, even though the applicant’s appeal is arguable, our decision not to grant the injunctive relief sought pending appeal would by no means render the intended appeal nugatory,” ruled the Judges.
The ruling now allows Abdi to assume his earlier role as Governor from March 10 as Mukhtar reverts to his original post of Deputy Governor.
The High Court in Meru reinstated Abdi to his position terming his removal from office as illegal saying the County Assembly did not show proof of public participation when it launched the efforts to oust him from office.
According to a three Judge Bench, the swearing-in of Mukhtar as Wajir Governor and consequent appointment of Hashim Musa as deputy governor was null and void.
Muktar appealed against the judgement reinstating Abdi and temporary order suspending the decision.
The Judges however ruled that he did not satisfy the twin principle for one to be granted the order as required under Rule 5(2) (b) of the Court of Appeal Rules.
“Should the tide turn with the success of Hon. Muktar’s appeal, he would no doubt find comfort in damages that would avail for any loss that he might suffer on account of our decision to decline the orders of stay or conservatory orders sought in his Motion,” ruled the Judges.
Abdi was impeached on May 17, 2021 over allegations of abuse of office and misappropriation of funds.
His position was immediately taken up by Mukhtar who was the Deputy Governor at the time, until last month when Abdi was reinstated by the High Court.
