Migori Governor Okoth Obado gets temporary reprieve
Migori Governor Zacharia Okoth Obado got a temporary reprieve after the Supreme Court ruled that his appeal case will proceed.
Judges Mohammed Ibrahim and Njoki Ndung’u ruled that the Governor’s appeal was properly filed.
They further ruled that orders issued by the Court of Appeal quashing his election and granting the elections body a ticket to declare his seat vacant, conduct by elections and the Speaker be sworn in as interim Governor be stopped until his case is determined.
His opponent Prof Edward Akong’o Oyugi, who had challenged his election at the Appellate Court in Kisumu, had opposed Mr Obado’s suit arguing that it had not been properly moved there as required and wanted it dismissed.
DISMISSED CLAIMS
However, the two judge-bench upheld Mr Obado’s request for the Appellate Court judgment orders halted for the second time until his appeal is heard and instead dismissed Prof Oyugi’s claims.
“The application opposing this suit is null, the execution of the Appellate judgment is halted temporarily.
“We order that the Speaker not assume office of the Governor on interim basis, the seat should not be declared vacant and the IEBC should not announce or go ahead to conduct by elections until this case is determined,” they said.
The judges also directed that both Prof Oyugi and Mr Obado file their suit papers and appear before the registrar on Friday to confirm compliance before further hearing dates or orders are given.
They insisted that the Speaker not be sworn in on interim basis to ensure that the office has an incumbent until when it will make its determination on the substantial elected person.
The judges defended the decision to halt the appellate Court’s judgment orders saying that the appeal would be irrelevant if the orders are not stopped even if on temporary basis.
Earlier this month, Mr Obado was saved from being sued for contempt of court over offensive remarks directed at the Court of Appeal in a statement to the media soon after it delivered its ruling quashing his election. (READ: Governor gets lifeline from court)
