Governor gets lifeline from court
PHOTO | WILLIAM OERI Migori Governor Okoth Obado (front, left) with lawyer Okong’o Omogeni on April 3, 2014 after the Supreme Court stopped the electoral commission from declaring his seat as vacant. Mr Justice Mohammed Ibrahim also stopped the speaker of Migori County Assembly from being sworn in as acting governor.
What you need to know:
- Justice Mohammed Ibrahim ruled that Mr Obado had raised an arguable case and it would be prejudicial for him if the seat was declared vacant before his petition is determined.
Migori Governor Zacharia Okoth Obado got a reprieve on Thursday after the Supreme Court stopped the electoral commission from declaring his seat as vacant.
Justice Mohammed Ibrahim ruled that Mr Obado had raised an arguable case and it would be prejudicial for him if the seat was declared vacant before his petition is determined.
Justice Ibrahim also stopped the speaker of Migori County Assembly from being sworn in as acting governor.
Mr Obado had challenged the Court of Appeal decision to cancel his election claiming that the court sitting in Kisumu was wrong in ruling that his election was not free and fair.
“I was the winner with a bigger margin. They arrived at a decision which was biased and a violation of my rights,” said Mr Obado.
He argued that Justices Onyango Otieno, William Ouko and Kantai misapplied the law when they lowered the standard of proof in an election petition and used laws unknown in such cases.
