Embattled Nairobi Governor Evans Kidero and Bungoma senator Moses Wetangula leves Supreme court while accompanied by some of Orange party members.
By SAM ALFAN.
Court of Appeal sitting in Nairobi has nullified the election of Evans Kidero as the Governor of Nairobi County. Kidero and his deputy Jonathan Mweke.
Nairobi Governor Evans Kidero lost his seat after a three-judge bench of the appellate court this evening nullified his March 4 election and said that Waititu did not get a fair hearing at the High Court.
.The former Embakasi Member of Parliament Ferdinand Waititu. Waititu launched a successful appeal against High Court decision upholding Kidero election.
The judges further pointed out the High Court further disallowed the cross examination of the Nairobi’s IEBC returning officer in the last election.
The judges also noted that the High Court did not allow the scrutiny of votes.Three judge bench comprised of G.B.M Kariuki, Kariuki, Mohamed Warsame and Peter Kiage.
However Justice Mohammed Warsame gave a dissenting verdict saying Waititu’s appeal was incompetent.
“We have declared that Evans Kidero and Jonathan Mueke were not validly elected as the Governor and Deputy Governor respectively.
The judgment and the decree of the High Court have been set aside,” Justice Kiage ruled on behalf his two colleagues.
Waititu moved to the Court of Appeal after the High Court dismissed his petition seeking to have Dr Kidero’s election as the Nairobi governor overturned.
High court principal judge Richard Mwongo dismissed Waititu’s petition on grounds that he had failed to prove his case.
The Judge also said he had found no evidence of vote of malpractices as cited by the petitioner and dismissed it with costs.
“Judge rendered a final written judgment that differed from what he read in open court on September 10, 2013 in violation of article 48,159(1)(a) and (e) of the constitution of Kenya,” the lawyer argued.
However Kidero lawyer Professor Tom Ojieda said they will move to Supreme Court to appeal the Judgment of the appellate judges since they were not happy with the judgment.
Waititu thanked his defense team led by senior counsel Paul Muite and Harrison Kinyanyui for successful appeal