Scholar Makau Mutua has poked holes in the swearing-in of Kiambu Deputy Governor James Nyoro as Kiambu Governor. In a tweet on Friday, Makau said that Nyoro will only take the oath of office in a ceremonial capacity. He opined that the swearing-in of the county boss will not change the fact that the embattled Governor Ferdinard Waititu remains the holder of the office even as he battles to clear his name from the court.  He was responding to Senator Mutula Kilonzo who had dismissed claims that the impeachment process was long overdue."You are CORRECT in your reading of the Constitution. At best the oath would be perfunctory — it doesn’t make Nyoro Governor but simply recognizes him as Governor. It simply salutes what’s already reality in law and fact. In strictu sensu, a second oath is superfluous/ceremonial," he tweeted.

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Mutula had argued that the claims that the Senate delayed impeaching Waititu in accordance with the law had no basis. He has insisted that Waititu is a governor-elect and no vacancy had occurred so far.

"The ten days under the Assumption of office of Governor refer to a Governor elect after an election and not when a vacancy occurs under Art 182," he had posted.