By SAM ALFAN.
The Supreme Court stopped Independent and Electoral Commission from declaring Migpori seat vacant until the appeal lodged by former governor is heard determined.
Justice Mohamed Ibrahim directed there be no swearing of the speaker to act governor until further from the court.
The judges said the removed governor Zachary Okoth Obando has lodged an appeal challenging the decision of the court appeal to have him removed from office for allegedly being unlawfully elected.
The appellant through his lawyers Admednasir abdullahi, Okongo Omogeni and Rogers Sangana told the that the IEBC is likely to declare the position vacant and call for by election.
Mr Omogeni urged the court to issue an order halting execution of the judgment.
” There is a stay of execution of the whole judgment and orders of the court of appeal sitting at Kisumu i 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 April 8by a two judge bench.
Omogeni submitted that the three judge of court appeal in arriving on the decision to sack the applicant they made gross constitutional violation which has infringed his client fundamental right and freedoms.
The said constitutional violation made by the judges of the court of appeal remains justifiable for determination by the Supreme Court, he told the court.
He said the appeal before the Supreme Court raises arguable constitutional matters and has a high probability of success.
Omogeni further said that the effect of the judgment means the appellant’s gubernatorial seat risks being declared vacant before the appeal is heard fully and determined.