, NAIROBI, Kenya, Jul 9 – The Supreme Court on Wednesday reinstated Nadhif Jama as Garissa Governor.
The ruling which was delivered by a fully constituted Supreme Court bench also set aside a judgment of the Court of Appeal that declared the seat vacant and cancelled a certificate issued by the Independent Electoral and Boundaries Commission (IEBC) calling for a fresh poll.
The seven-member bench led by Chief Justice Willy Mutunga said that the Appeals Court overstepped its jurisdiction by nullifying Jama’s election in its ruling delivered in May 2013.
“We require a judge who handles election matters to exercise their jurisdiction in accordance with the electoral law,” they said.
Court of Appeal judges David Maranga, John Mwera and Philomena Mwilu ruled that Garissa’s poll was not free and fair and that the High Court should have ordered for scrutiny of votes in the March 2013 polls.
Following the judgment, the Garissa Governor said that he will concentrate his efforts in reconciling the warring factions in his County.
Jama also praised the judges for exercising their discretion in his favour.
Members of Parliament from Garissa County who had accompanied him to the Court pledged to support the Governor and unite his people so that the County will not lag behind.
Jama moved to the Supreme Court to challenge his ouster after the Court of Appeal overruled the High Court which had struck out the petition filed by Abdikharim Osman Mohammed and Sahael Nuno Abdi.