Court ruling favours Waititu’s bid to oust Kidero
Kabete MP Ferdinand Waititu on Friday got a reprieve after the court reinstated his application seeking a review of a decision that confirmed Nairobi Governor Evans Kidero’s election.
Supreme Court judge Jackton Ojwang suspended an order he had issued dismissing the application as lacking merit.
Instead, the judge allowed a request by Mr Waititu’s lawyer Harrison Kinyanjui that the application should be heard before its fate is determined.
“I hereby direct that the Chief Justice constitutes a bench to hear the application by Mr Waititu,” Justice Ojwang said.
Earlier, the judge had argued that the application was only based on allegations of corruption against Justice Philip Tunoi which have no legal basis.
Justice Tunoi allegedly received a Sh202 million bribe to influence an election petition in favour of Dr Kidero. Mr Waititu filed the petition in 2014.
POPULAR DECISION
However, Justice Ojwang argued these allegations could not be used to discredit a decision reached by a bench of seven credible judges.
Justice Ojwang later dismissed it and directed the Registrar of the Supreme Court to refund Mr Waititu all the money he had spent in filing the application.
Mr Kinyanjui however protested alleging an attempt by the Supreme Court to deny Mr Waititu justice by preventing the hearing of his application.
He said one judge has no powers to dismiss his application and called for a bench to give him a popular decision.
“The law allows access to justice and my client has been shut even before being heard,” Mr Kinyanjui said.
