Senior counsel Okongo Mogeni with embattled Meru governor peter munya outside Supreme Court after the court ruling reinstated him as Meru governor.
BY SAM ALFAN
Supreme has reinstated Peter Munya as governor for Meru County and halted the Independent Electoral Boundary Commission from setting on motion the election in county pending the hearing and determination of the appeal.
Justice Professor Jackton and Dr Smoklin Wanjala said in their ruling the embattled governor has a good which the supreme muse hear and determine.
The two judges upheld the submissions of senior counsel Okongo Mogeni and Professor Tom Ojienda that the appeal raises constitutional issues which the Supreme Court should consider.
The judges further suspended the execution of the court of appeal judgment which removed out Munya, saying the judgment should remain abeyance until the appeal before the supreme is heard by full bench.
The two judges further dismissed a preliminary objection raised by IBEC, saying the appeal before court serious issue of constitution
They directed the file be placed before the Chief Justice Dr Willy Mutunga to appoint a full bench to hear the appeal on priority basis.
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.
Resident of Meru County will wait for hearing and determination of Munya appeal to know whether they will return to the ballot to elected new governor or wait for Munya to complete his five years term as Meru governor.