Reprieve for county bosses in petitions

Supporters of Taita-Taveta Governor Granton Samboja celebrate outside Voi High Court after a petition challenging his election was dismissed on January 15, 2018. PHOTO | LUCY MKANYIKA | NATION MEDIA GROUP

What you need to know:

  • Justice Ogola ruled that the court will be prejudiced if the two courts had contradictory rulings.
  • Mr Abdi will have to move with speed to the Court of Appeal and file his court papers within a month.

Two governors received temporary reprieve in petitions challenging their election.

One of the petitions challenging the election of Taita-Taveta Governor Granton Samboja in a Voi court was dismissed on Monday.

High Court judge Erick Ogola dismissed the petition in Voi, to give way for another one challenging the governor’s academic certificates to be heard and determined.

The second petition at the High Court in Milimani, Nairobi, was filed by the Ethics and Anti-Corruption Commission.

PREJUDICE

Justice Ogola ruled that the court will be prejudiced if the two courts had contradictory rulings.

“The issue of lack of academic qualifications is the sole denominator between this petition and the one filed in Nairobi,” he said.

The governor, through his lawyer Edwin Ayiro, had argued that the case was not about elections so should be handled by the relevant agencies instituted by the government.

In another case, Wajir Governor Mohamed Abdi will continue to serve until a notice of appeal he filed yesterday challenging last week’s High Court judgment nullifying his victory, is determined.

This is because the law states that the filing and service of a notice of appeal stops the execution of any judgment, decree, order or direction from the court, pending its determination.

APPEAL

However, Mr Abdi will have to move with speed to the Court of Appeal and file his court papers within a month.

The election law also provides that the stay will cease to apply if no record of appeal is filed within 30 days from the date of the judgment of the High Court.

According to lawyer Evans Ondieki, the timelines were set in these laws to prevent mischief, “where someone who lost an election petition may still serve a full term by arguing an appeal for years”.

Last week, the High Court nullified Mr Abdi’s election, citing irregularities and the fact that Mr Abdi did not have a degree as required by the law.