Migori governor Zachary Okoth Obando with senior counsel Okongo Omogeni at supreme court last week.
By SAM ALFAN
Migori governor Zachary Okoth Obando has escaped from being send to civil jail after the supreme agreed with his apologize over the alleged remarks he made over the the court of appeal decision declaring that he Was invalidly elected
The supreme court judges Justice Mohamed Ibrahim and Njoka Ngungu said they were certified with the explanation given by the governor on what appeared in the the media which appeared to offend the judgment of the court of appeal which he his challenging in the supreme court.
Instead the Supreme Court judges directed the parties in the appeal to argue the main substantive motion has filed in order to allow the court make order and directions
The supreme court had on 4 April 2014 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 in of the speaker to act governor until further orders r from the court.
The judge 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 IBEC 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 full.
The court will make it ruling on 23.