Waititu petition was late, Kidero tells court court

Nairobi governor Evans Kidero put up a spirited fight to save his job at the Supreme Court, with claims that the Court of Appeal acted beyond its powers to nullify his election.

Through lawyers Pheroze Nowrojee and Tom Ojienda, Dr Kidero argued that the appellate judges should have rejected the petition by former Embakasi MP Ferdinand Waititu as it was filed late.

“The judges disregarded their own earlier findings that elections petitions timelines are not negotiable. There was no way they could enter a fair judgment on an appeal filed 72 days after the expiry of the deadline,” Prof Ojienda said.

The Elections Act provides that an appeal arising from the decision of the High Court should be lodged within 30 days from the date the judgment is delivered, the lawyers stated.

Prof Ojienda, however, submitted that Mr Waititu filed his appeal on November 22, 2013 which was over two months from the date the High Court delivered its judgment on September 10, 2013.

Mr Nowrojee argued that the Court of Appeal unlawfully reopened the case and shifted the burden of proof, adding that they allowed Mr Waititu to abuse the court process and entered a judgment which was unconstitutional.

“The judges turned away from the law and in the end, arrived at a decision which contradicted similar judgments they have made in other cases,” Mr Nowrojee said.

Dr Kidero moved to the Supreme Court after two appellate judges G.B.M. Kariuki and Patrick Kiage, ruled that he was not validly elected due to massive irregularities in the March 4 2013 polls and that Mr Waititu was not given a fair hearing before the High Court.

However, their colleague Justice Mohamed Warsame dissented and upheld the High Court decision affirming Dr Kidero’s win.

The hearing continues Thursday.