Wambui Nyutu has secured a major reprieve in her legal battle to remain at the National Cohesion and Integration Commission (NCIC), after the High Court issued interim conservatory orders halting any attempts to remove her from office.
Justice Bahati Mwamuye made the ruling on August 6, 2025, during a court session convened to issue directions in the matter. The orders will protect Nyutu’s position as Vice Chairperson of the NCIC until the court delivers judgment on her petition challenging the legality of any potential ouster.
Nyutu, through her legal team, argued that she faces a real and ongoing threat of removal despite no formal proceedings being initiated. Her counsel, Aramana, emphasized that the threat persists because any interested party, not only the named respondents in the case, can lawfully petition for her removal from office.
The judge queried whether the threat of removal was imminent or merely speculative but nonetheless agreed to issue the conservatory orders. “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,” ruled Justice Mwamuye.
However, the court made it clear that these protective measures are not indefinite. The orders will automatically lapse if Nyutu fails to adhere to specific procedural timelines, including the timely filing and service of written submissions.
“Conservatory orders shall lapse in the event that the petitioner fails to file and serve any process by the time stated in the above directions,” Justice Mwamuye clarified.
The court also scheduled September 11, 2025, as the date for highlighting of submissions, moving the case a step closer to determination.
For now, the ruling provides a crucial breather for Nyutu, allowing her to continue serving at the NCIC while the court examines the legality of any attempt to unseat her. The final outcome now hinges on the full hearing and the eventual judgment, slated for October 23.
