The High Court on Monday dismissed an application seeking to bar newly installed Kiambu governor, Dr. James Nyoro, from picking his deputy.
In his ruling, Justice James Makau said Waititu had not demonstrated any prejudice he would suffer if the orders were not granted.
Through his lawyers, Waititu had urged the court to use former Chief Justice Willy Mutunga rules to bar Nyoro from appointing a deputy pending the hearing and determination of his application challenging his removal as the Kiambu governor.
The former governor admitted that some of the prayers in his application had been overtaken by events.
But his lawyers argued that the process of removing Waititu and the swearing-in of Nyoro were done illegally.
Waititu’s application challenging his removal has been opposed by Nyoro and the Senate.
Lawyer Kibe Mungai, who is representing Nyoro, filed a preliminary objection challenging the jurisdiction of the court to hear the case in Nairobi and not in Kiambu.
