By SAM ALFAN.
The Supreme Court has temporarily reinstated the embattled Nairobi Governor Evans Kidero and his deputy pending the hearing and determination of his appeal.
Justice Mohamed Ibrahim barred the swearing of the County Speaker to act as Governor and restrained the Independent Electoral and Boundaries Commission (IEBC) from declaring the seat vacant
Dr Kidero’s lawyers Prof Tom Ojienda, Evans Monari and Kennedy Ogeto filed the suit under a certificate of urgency today afternoon to challenge the decision of appellate court judges to annul his election.
The Governor was ordered to serve the respondents with suit papers and appear before Supreme Court judges for further directions on May 16 2014.
Appellate judges yesterday reversed the High Court ruling upholding Evans Kidero as Nairobi Governor on the grounds that his rival, Ferdinand Waititu, was not given a fair chance to challenge his defeat.
The Court of Appeal nullified Kidero’s election alongside that of his deputy Jonathan Mweke after two judges overturned a High Court decision that had upheld their election last year. Judges GBM Kariuki and Patrick Kiage ruled that the High Court had denied Waititui a fair chance to challenge the outcome of the gubernatorial election.
However, Justice Mohamed Warsame, who presided over the hearing, dissented and upheld the decision of the High Court as sound.
The majority decision sent Kidero out of office only days after he lost his position as the vice chairman of the Governors’ Council.
The petition against Dr Kidero’s election had been filed by Mr. Ferdinand Waititu, who lost in the race for the Nairobi Governor’s position during last year’s General Elections.
Several CORD leaders were present in court yesterday when the judgment was read including Bungoma senator Moses Wetangula, Siaya senator James Orengo, Machakos senator John stone Muthama among others.
Nairobi resident will wait until the Supreme Court hears and determines the embattled governor appeal to know whether there will be a by-election or not.