By Elizabeth Angira
Former Kisii Deputy Governor Robert Monda suffered a setback as the Kisii High Court declined to grant him a conservatory order for the proceeding of the county assembly to gazette the new Deputy Governor, Elijah Obebo.
The county assembly will now proceed with the gazettement of Obebo.
On March 18, Senior Counsel Katwa Kigen, along with Michuki and Wilkins Ochoki, lawyers representing the petitioner, filed an application for the conservatory order at the Kisii High Court to prevent the county assembly from proceeding with the gazettement of Obebo.
Ochoki emphasized that it was the petitioner’s responsibility to prove the case and not for the parties to determine relevance.
He argued that the burden of proof lies with the petitioner and the parties involved.
Ochoki stressed that the named respondents were sufficient for the case to proceed.
He expressed readiness to proceed with the application dated March 18, stating that any delay would risk Obebo’s gazettement.
Kigen, stated that their petition is grounded in the impeachment process conducted by the Senate.
Kigen objected to the application to include interested parties in this petition and clarified that this petition is unrelated to two other petitions filed in Nairobi and Machakos courts, of which they are unaware
On the respondent’s side, Ndegwa Njiru argued that the petitioner was engaging in forum shopping to delay the county assembly’s gazettement of Obebo.
During the online Zoom meeting, Judge Teresa Odera granted permission for the county assembly to proceed with Obebo’s gazettement.
Arnold Ajieng and Ndegwa Njiru, lawyers for the respondents, applied for the county government and Governor Simba Arati to be enjoined in the case, as they were integral to the matter.
Judge Odera allowed five days for the submission of the rejoinder application from the county government and Governor Arati.
Additionally, she granted permission for the respondents’ application for the rejoinder, with the matter scheduled for mention on April 16.
Vincent Mariita and Mairura Ratemo moved to court to challenge the impeachment of former Deputy Governor Robert Monda.
Monda was impeached by both the Senate and the Kisii County Assembly on grounds of gross violation of the Constitution and law, abuse of office, gross misconduct, and crimes under national law
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Elizabeth Angira is a trailblazing climate journalist whose work bridges science, policy, and human impact. As Senior Climate Reporter at The Mount Kenya Times, she leads in-depth coverage on climate resilience, energy innovation, and sustainability across East Africa and beyond. Her storytelling has earned international acclaim, including a third-place win for “The Best Energy Story in Foreign Media” by the Global Energy Association in Moscow.
Elizabeth’s portfolio reflects her commitment to excellence and advocacy:
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