Evans Kidero’s time to deliver after petition dismissed

Nairobi Governor Evans Kidero can now breathe easy and serve city residents with undivided attention after the Supreme Court reaffirmed his election on Friday.

The court set aside a ruling made by two appellate judges which had invalidated the victory of Dr Kidero and Deputy Governor Jonathan Mueke.

Former Embakasi MP Ferdinand Waititu had contested the election at the High Court and lost before moving to the Court of Appeal for reprieve, saying he had not been given a fair hearing.

A dissenting judge on the Supreme Court bench said Mr Waititu was not given a fair hearing at the election court when he was denied a chance to cross-examine a returning officer but again concurred that there was insufficient evidence to annul Dr Kidero’s win.

A DISTRACTION

ODM party leader Raila Odinga and senators Johnstone Muthama and James Orengo joined other jubilant supporters in celebrating the verdict.

Dr Kidero said the petition had been a distraction for the 18 months it lasted.

“The moment for delivery of my pre-election promises to Nairobi residents has finally dawned,” he said outside the court.

Mr Waititu was also in court, but conspicuously alone. This was in stark contrast to earlier proceedings that culminated in the nullification of Dr Kidero’s victory at the Court of Appeal when he used to be escorted by Nairobi Senator Mike Sonko and a crowd of chanting supporters.

On Friday, it was Dr Kidero and the ODM supporters who thronged the streets of the city in jubilation after the four-hour final judgment was delivered.

Mr Justice Philip Tunoi, who read out the final orders of the court said: “The judges of the Appeal Court erred and entertained an incompetent appeal.”

He said Mr Waititu filed his case well after 72 days in disregard of the set timelines for such litigation.