Lawyers Makau Mutua and Ahmednassir Abdullahi have expressed varied opinions over a recent court ruling that bared Kiambu governor Ferdinand Waititu from accessing his offices in Kiambu.
In a tweet on Saturday, US-based Kenyan lawyer suggested that Waititu had been stripped off his gubernatorial powers after he was arraigned in court over graft-related charges.
"Kiambu Governor @GovernorBabayao was barred from the constitutional office, not a geographic location. He can’t exercise any of the gubernatorial constitutional powers no matter where he sits. Moving the physical office to Thika or Githunguri won’t help him," Makau Mutua said.
His sentiments were however rubbished by Senior Counsel Ahmednassir Abdullahi who maintained that Waititu will continue serving his people even after being barred from his office.
Ahmednassir further noted that the High Court cannot overthrow an elected governor.
"Prof a CONSTITUTIONALLY elected GOVERNOR CANNOT be OVERTHROWN by a WRONG/MISGUIDED OBITER DICTUM by Justice MUMBI. Her order is not LAW & its DISOBEDIENCE by any Governor including Babayao is LAWFUL & OBLIGATORY. OBITER is NOT binding in law & Mumbi expressed MISGUIDED view/opinion," he said in a tweet.
Governor Waititu was barred from accessing his office until the conclusion of a corruption case against him.
However, he maintained that he will still serve Kiambu people from any place.