Judge refers Waititu case against Governor Kidero election to CJ

Kabete MP Ferdinand Waititu got a reprieve Friday after the Supreme Court reinstated his application seeking a review of an earlier decision that confirmed the election of Nairobi Governor Evans Kidero.

Supreme Court Judge Jackton Ojwang suspended an order he had issued earlier that the application has no merit and should be dismissed.

Instead, he allowed a request by Mr Waititu, through lawyer Harrison Kinyanjui, that the application be heard by a bench.

“I hereby direct that the Chief Justice constitutes a bench to hear the application by Mr Waititu,” said Justice Ojwang.

When the judge dismissed the application, he had argued that Mr Waititu’s application was based on allegations of corruption against Supreme Court Judge Philip Tunoi that had no legal basis.

Justice Tunoi is alleged to have received a Sh200 million bribe to influence the election petition in favour of Governor Kidero in 2014.

REFUND

Justice Ojwang argued that the allegations raised by Mr Waititu could not be used to discredit a decision reached by a bench of seven credible judges.

“Mr Waititu’s application is based on a mere suspicion of a judge’s conduct in relation to a credible judgment backed by relevant jurisprudence,” Justice Ojwang had argued.

Upon finding that the application lacked any legal foundation, Justice Ojwang dismissed it and directed the registrar of the Supreme Court to refund Mr Waititu all the money he had spent in filing the application.

Lawyer Kinyanjui, however, claimed there was an attempt by the Supreme Court to deny Mr Waititu justice by preventing the hearing of his application.

He also said that one judge of the Supreme Court has no powers to dismiss his application and called for a bench to give him a popular decision.

He added that the judge had erred in proceeding to determine the application because what was to be decided was whether or not the application should be certified as urgent.

“The law allows access to justice and my client has been shut even before being heard. The Supreme Court should not be afraid to look at itself in the mirror. We urge the court to relook the judgment in light of the recent corruption allegations against one of its judges,” said Kinyanjui.

Chief Justice Willy Mutunga will now constitute a bench to hear Mr Waititu's application.