Court cases crowding governor’s diary 17 months after the ballot

Lamu Governor Issa Timamy is a man who has never fully settled into office since his election last year.

Mr Timamy’s 17-month reign has seen him through a myriad of challenges, including being accused of murder in the Mpeketoni massacre that left 70 people dead.

In addition, the governor is not yet off the hook as his election petition case is pending in the Supreme Court.

Former Lamu East MP Fahim Twaha, who was Mr Timamy’s main challenger for the governor’s seat, wants the court to allow his appeal against a Court of Appeal decision that reinstated Mr Timamy after the High Court had nullified his election.

Mr Twaha wants the highest court in the land to let him file the appeal even without the permission of the appellate court.

According to election petition rules, a person challenging the decision of the Court of Appeal must first request and obtain the permission of the appellate judges before moving to the Supreme Court.

VALIDLY ELECTED
Mr Twaha, however, argues that the delay in filing the appeal was occasioned by the appellate court, which deliberately delayed the hearing of the application for permission.

“We complied with the law in applying for leave to challenge the decision at the Supreme Court, but six months have passed before we are heard. The court always comes up with an excuse to adjourn the matter each time it is listed for hearing,” he said in the application.

Appellate judges Hanna Okwengu, Milton Mkhandia and Fatuma Sichale in January reinstated Mr Timamy as the validly elected Lamu governor after the High Court had nullified his election on the grounds that it was marred with electoral irregularities and malpractices.

However, Mr Twaha said the application at the Supreme Court has high chances of success since the High Court had nullified the election based on non-compliance of principles and standards set by the Constitution.

“The appellate court adopted and applied a restrictive interpretation of the Constitution,” said lawyer Kibe Mungai.

In the event the Supreme Court declines to allow him to file an appeal, Mr Twaha wants the judges to extend for him the time to file an application challenging the outcome of an election.

The application will be mentioned before Supreme Court deputy registrar Lucy Njora on November 25.