BY SAM ALFAN.
Supreme Court has halted Independent and Boundary Electoral Commission from declaring Garissa County Governor seat vacant, pending the hearing and determination of the appeal before court.
Justice Philip Tunoi and Njoki Ndungu, further held that there should be no execution of the court of appeal judgment that declared the election of Nathif Jama Adam invalid.
The judges said the appellant has raised weighty and constitutional issues arising from the appellate court decision which must be heard and determined.
They said until the appeal is heard there should be no action by the either IBEC or county speaker being sworn in to replace the governor.
The court directed that parties appear before registrar in May 12 to confirm compliance of the orders issued.
The embattled governor Mr. Adam through his lawyer Ahmednasir had told the court that the judgment of the court of appeal has loopholes which is incapable of being executed against him and they should be set aside
The court heard the court of appeal court exceeded its jurisdiction and addressed itself on issues which were not raised by two voters who challenged the election of the governor.
The lawyer submitted that the supreme court has power to direct what the appeal court ought to do when handling the election related matters
He asked the court to issue a conservatory order halting the judgment of the appellate court until the appeal before them is heard and determined.
Mr Ahmednassir said that his client ought to remain in office discharge his duties until the highest court in land makes its decision on the appeal which has been triggered by the appeal court.