Court bars ouster of NCIC Vice Chair Wambui Nyutu
The High Court has temporarily issued conservatory orders blocking the ouster of National Cohesion and Integration Commission (NCIC) Vice Chair Wambui Nyutu from office pending a petition filed in court.
Justice Bahati Mwamuye issued the orders during a mention of the case on Wednesday when the matter came up for directions.
"Pending delivery of judgment in this matter, conservatory orders be and are hereby issued restraining the first respondent from furthering any motion or action for the removal of the petitioner from the office as the commissioner of the first respondent," Justice Mwamuye ruled.
Justice Mwamuye clarified that the orders will automatically lapse should the petitioner fail to comply with specific procedural timelines, particularly the filing and service of court documents such as written submissions.
In the application filed in court, Nyutu sought protection from the court on what she terms an unlawful attempt to remove her from office prematurely.
She argued that the risk of her removal remains live even though the respondents have yet to act on such proceedings.
Nyutu's lawyers added that while it may be difficult to predict whether such a motion will materialise before the set October 23 judgement date, the possibility exists because any party, not just the named respondents, can lawfully petition for her removal.
Justice Mwamuye, before granting the orders, had questioned whether Nyutu's legal team believed a removal attempt was imminent or merely speculative, but opted to grant temporary protection.
"However, these conservatory orders shall lapse if the petitioner fails to file and serve any process by the time stated in the above directions," the judge noted.
The court further fixed September 11 for highlighting submissions.
Justice Bahati Mwamuye issued the orders during a mention of the case on Wednesday when the matter came up for directions.
"Pending delivery of judgment in this matter, conservatory orders be and are hereby issued restraining the first respondent from furthering any motion or action for the removal of the petitioner from the office as the commissioner of the first respondent," Justice Mwamuye ruled.
Justice Mwamuye clarified that the orders will automatically lapse should the petitioner fail to comply with specific procedural timelines, particularly the filing and service of court documents such as written submissions.
In the application filed in court, Nyutu sought protection from the court on what she terms an unlawful attempt to remove her from office prematurely.
She argued that the risk of her removal remains live even though the respondents have yet to act on such proceedings.
Nyutu's lawyers added that while it may be difficult to predict whether such a motion will materialise before the set October 23 judgement date, the possibility exists because any party, not just the named respondents, can lawfully petition for her removal.
Justice Mwamuye, before granting the orders, had questioned whether Nyutu's legal team believed a removal attempt was imminent or merely speculative, but opted to grant temporary protection.
"However, these conservatory orders shall lapse if the petitioner fails to file and serve any process by the time stated in the above directions," the judge noted.
The court further fixed September 11 for highlighting submissions.
NCIC
National Cohesion and Integration Commission
Wambui Nyutu
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