Kidero reclaims seat pending appeal
The Supreme Court has reinstated Evans Kidero and Jonathan Mweke as governor and deputy governor of Nairobi respectively barely 24 hours after they lost their seats.
Supreme Court Judge Mohamed Ibrahim on Wednesday issued a conservatory order staying (suspending) the appellate court judgment and orders.
The judge of the highest court in the country also directed the Independent Electoral and Boundaries Commission from certifying the seat of the governor of Nairobi vacant.
Mr Justice Ibrahim also restrained the speaker of the county assembly or any other person from assuming the office of the governor.
The orders by Mr Justice Ibrahim remain in force pending the hearing of the application of appeal by Mr Kidero inters partes on May 23.
“Am of the opinion the application raises serious issues of law, it ought to be heard on its merit,” said Mr Ibrahim saying it should be heard on priority basis.
Through lawyer Tom Ojienda, Mr Kidero had told the court that if conservatory orders were not issued, the appeal will be rendered nugatory.
“The petition by the applicant has overwhelming chances of success,” said Mr Ojienda adding that the judgment of the Court of Appeal meant that the speaker may be sworn as a governor any hence the need for the orders.
On Tuesday, appellate judges GBM Kariuki and Patrick Kiage ruled that the election of Mr Kidero was irregular.
They said that Mr Kidero’s challenger during the 2013 elections Mr Ferdinand Waititu raised sufficient grounds to have the results nullified.
Mr Justice Mohamed Warsame gave a dissenting verdict terming the appeal by Mr Waititu was incompetent.
The appellate court declared that Mr Kidero and Mweke were not validly elected and set aside the judgment and decree of the High Court.
Mr Waititu moved to the Court of Appeal after the High Court dismissed his petition seeking to have Mr Kidero’s election victory overturned.