Supreme Court suspends nullification of Mutua’s win

Mutua's poll win was nullified by the Court of Appeal after his arch-rival Wavinya Ndeti contested a High Court decision in February upholding the election of the second-term governor/FILE

, NAIROBI, Kenya, Jun 27 – The Supreme Court has stayed the execution of an order issued by the Court of Appeal on June 8 rendering the election of Machakos Governor Alfred Mutua invalid pending the hearing and determination of an appeal.

The apex court made the ruling on Wednesday following a certificate of urgency filed at the court in which Governor Mutua sought to stay orders issued by the Court of Appeal.

In the ruling, the Supreme Court also granted conservatory orders restraining the Independent Electoral and Boundaries Commission (IEBC) from declaring the Machakos gubernatorial seat vacant pending the determination of Mutua’s appeal.

The judges also restrained the Machakos County Assembly Speaker from assuming the Office of the Governor even as they barred the poll agency from announcing or conducting gubernatorial elections in the county pending the conclusion of Mutua’s appeal.

Mutua’s poll win was nullified by the Court of Appeal after his arch-rival Wavinya Ndeti contested a High Court decision in February upholding the election of the second-term governor.

Ndeti had filed the petition at the High Court arguing that the August 8 General Election in which Mutua was re-elected Machakos governor was compromised rendering its results unauthentic.

While granting Ndeti’s appeal, the Court of Appeal held that Mutua was not elected in accordance with the law.

A three-judge bench of the court led by now President of the Court of Appeal, Justice William Ouko, had ordered for a fresh poll as a result of the nullification.

“The appellant’s appeal is allowed and the judgment and order of the High Court given on 9th February 2018 is hereby set aside. It is hereby directed that the third respondent was not validly declared as the Governor of Machakos County. IEBC is herby directed to organise and conduct a fresh election for the position of the Governor of Machakos County in conformity with the constitution, the Elections Act, and the relevant regulations,” Justice Ouko declared.

JEREMIAH WAKAYA :