The High Court in Machakos has issued orders halting the gazetting and declaring the seat of the Kisii Deputy Governor vacant following the impeachment of Mr Robert Monda.
Justice Francis Rayola deemed the issue urgent, stating that the petition filed to preserve the seat raises serious and weighty issues that require the court's immediate attention.
“In order to preserve the status quo and to allow the petitioner ventilate the issues raised in this petition, no gazettement is to be issued declaring the seat of Deputy Governor , Kiisii county vacant until the next mention date,” said the judge
Justice Rayola also pointed out that the concerns raised in the petition pertain to events that took place in the Senate, and consequently at the Kisii County Assembly, making it unsuitable for them to be addressed at the Machakos High Court.
“This matter be mentioned before Milimani Commercial Court Principal Judge Eric Ogola on April 10, 2024 for further directions,” said the judge
The court has directed the petitioner, Mr Jared Mairurura Ratemo to serve the Senate with the documents within the next three days.
The Senate will thereafter upon service is granted seven days to file their response to the said petition
The Senate will then have seven days, upon being served, to file their response to the petition.
Mr Monda was impeached by the Senate after evidenced showed he accepted an Sh800,000 bribe from Dennis Mokaya, promising him a commercial manager post at the Gusii Water and Sanitation Company.
He was also accused of orchestrating the apprehension and incarceration of his brother, Reuben Monda, for cutting down trees on family land, among other offences.
His former boss, Governor Arati was anticipated to declare the seat vacant to pave way for his replacement by Thursday.
According to the Constitution, governors have 14 days to propose a successor if the deputy governor post falls vacant in the event of death, impeachment or if the deputy governor is declared unsound mind.
