, NAIROBI, Kenya, Jun 6 – The hearing of an appeal filed by Nairobi Governor Evans Kidero at the Supreme Court failed to kick off on Friday due to the absence of the presiding judge, CJ Willy Mutunga.
Kidero’s lawyer Tom Ojienda argued the case should not proceed without a full bench, as provided for under the Supreme Court regulations.
He had asked the court to constitute a full bench since the issues they had raised were serious.
However Ferdinand Waititu who had challenged Kidero’s election had wanted the appeal to proceed before Justices Kalpana Rawal, Jackton Ojwang, Smokin Wanjala, Philip Tunoi, Njoki Ndungu and Mohammed Ibrahim.
The court agreed with Kidero and directed the parties to appear before the Deputy Registrar on Tuesday for fresh hearing dates before a full bench.
Kidero moved to the Supreme Court soon after the Court of Appeal nullified his election as the Governor.
Kidero and his deputy Jonathan Mueke were reinstated by the Supreme Court, which also barred the Independent Electoral and Boundaries Commission from declaring the seat vacant, pending the determination of the case.