MUNYA MOVES TO SUPREME COURT TO PROTECT HIS SEAT.

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 Immediate Meru Governor Peter Munya.

By SAM ALFAN

Embattled former Meru governor Peter Munya has moved to Supreme Court seeking an order to stop the Independent Electoral and Boundaries Commission from declaring his seat vacant.

 Munya through his lawyer Okongo Omogeni told Justice Dr Smoklin Wanjla, that the Electoral Commission is likely declare the position vacant and call for by election.

 Mr Omogeni urged the court to issue of execution of the judgment of Justice  Alnasir Visram, Jamila Mohamed and Otieno Odek who  sacked the applicant on  14 March 2014.

“There be a stay of execution of the whole judgment and orders of the court of appeal sitting at Nyeri pending hearing and determination of the appeal to the supreme court” he said.

The judge certified the application urgent and directed that the same be served and the matter be heard inter-parties tomorrow by a two judge bench.

The immediate Meru contests the swearing in of the speaker of the Meru County assembly in an acting capacity for 60 days, if his appeal is not heard.

“In line with the County government Act, the elections commission is set to declare the seat vacant within seven days of court ruling),” Lawyer Okong’o Omogeni told the Supreme Court.

Omogeni told the court that the matter was urgent and he is ‘ready to serve the respondents who are based in Nairobi.

 The learned lawyer told Justice Wanjala that the appellate court sitting in Nyeri last week nullified the client in violation of the constitution.

“The appeal judges violated the law by considering extraneous matters of fact in the appeal before them instead of limiting themselves to matters of law,” he said.

The court was urged to consider the case seriously so as not to render the appeal a mere academic exercise.

Application raises weighty constitutional issues on how the Appeal court judges applied the law.

In the best interest of the Meru people, the Supreme Court has been asked to allow Munya to continue serving the duties of Governor pending the hearing and determination of the appeal.

In the further interest of the country, Lawyer Omogeni urged the Court to consider the fact that huge number of elections have been nullified and should save taxpayers money from running by-elections.

I a sworn affidavit by Peter Munya, he said the judgment of appeal court contravened several constitutional provisions justifiable in court.

And he is aggrieved as Meru governor seat may be declared vacant if court does not intervene.

“I am aware this court has the mandate to provide authoritative and impartial interpretation of the constitution and develop rich jurisprudence,” Munya said in his statement.

According to the petitioner, the court of appeal violated article 87 (1) of the constitution and section 85 A of the elections Act.  Article 94 (1), article 1 (2) and (3) when they purported to legislate and change the meaning of legislation.

The Appellate judges who nullified Mr Munya’s election are justices Alnashir Visram, Jamila Mohammed and Otieno Odek.

They said Mr Justice James Makau erred in ordering the scrutiny of ballot papers in only seven polling stations out of the disputed 82.

Mr Munya was declared the winner in the March 4 elections after he garnered 184,273 votes against Dr Kilemi Mwiria’s 180,837 votes.

 The judge certified the application urgent and directed that the same be served and the matter be heard inter-parties tomorrow by a two judge bench.

 

 

 

 

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