Kamukunji by-election to go ahead, Court rules
From left: Lawyer Stephen Njiru, PNU candidate Yusuf Hassan and Mr Osoro Moikoyo leave the Court after a ruling on July 29, 2011. The Court of Appeal has lifted an injunction that stopped IIEC from conducting the Kamukunji by-election. Photo/WILLIAM OERI
The Court of Appeal on Friday lifted an injunction that stopped the Interim Independent Electoral Commission (IIEC) from conducting the Kamukunji by-election.
The court has ruled that the High Court issued the order on the eve of the Kamukunji by-election and thus denying IIEC a chance to appeal.
The IIEC had moved to the Court of Appeal after the High Court judge Daniel Musinga issued the injunction.
"The order sought to suspend the operation of the High Court injunction, the IIEC is at liberty to conduct the by-election. We issue those orders," said judge Onyango Otieno in the ruling.
The judge described the Kamukunji matter as "a peculiar case" and noted that the court appreciated the rights of petitioner Paul Waweru Mwangi and the rights of the respondents to be heard at the High Court.
Judge Otieno said the Country is at an important stage of its development and various debate are ongoing, notably the implementation of the Constitution.
He said the immense public interest in such matters must be balanced with the interest of an individual.
He said the rights of the Kamukunji residents have to be honoured by having a right of representation on matters pertaining to State's development.
Present at the ruling were Kamukunji aspirants who unanimously were in agreement with the Court's verdict.
Agano Party candidate David Mwaura Waihige said "It was a Solomonic verdict, a people's verdict. It's a great judgment that responded to the needs of the people."
Yusuf Hassan, PNU's candidate said "It's a happy day for the residents of Kamukunji." The candidate was confident that he has 'skills, experience and leadership qualities' required by the Kamukunji residents.
The Narc Kenya candidate Brian Weku said "An interest of an individual can never override the interest of the entire public. We hope that we will have a free and fair election in Kamukunji."
Lawyer Pherozee Norwojee representing IIEC noted that the electoral body will proceed with the by-election in accordance with the Court's ruling.
He says the injunction suspended the by-election but did not cancel it.
Mr Norwojee further stated that IIEC will proceed with eight candidates that had been nominated for the by-election
