Embattled Meru Governor Peter Munya.
By SAM ALFAN
Supreme Court renders a notification that had been issued to swear in the Meru County assembly speaker as a governor in an acting position null and void at least until Wednesday next week.
The Supreme Court’s two judge bench led by justices Jackton Ojwang and Smokin Wanjala said they will make a further ruling on Wednesday whether to entertain the petition by Munya or not. In the application, Munya’s lawyer’s professor Tom Ojienda and Okong’o Omogeni said that his application is based on constitutional matters as the court of appeal erred and infringed on the former Governors rights to a fair trial.
They said that public interest should outweigh an individual’s interest as the first respondent in the case is not interested in the Governors seat. They also argued that if the Supreme Court overturns the court of appeal judgment then that will save the tax payer over 300M shillings that will be spent by Independent Electoral and Boundaries Commission in preparation for a Gubernatorial by-election in Meru.
However Muthomi Thiankulu for the first respondent objected saying the Supreme Court has no jurisdiction to hear the petition and should dismiss it. He added that not all cases emanating from the court of appeal should be presented before the Supreme Court as this will open a flood gate for other cases to find their way to the highest court on land.
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.
The court will decide whether to hear the application next week.