Wajir Governor Abdi gets reprieve in poll case

The Supreme Court has suspended plans to declare the Wajir Governor’s seat vacant, pending an appeal filed by Mr Mohamed Abdi.

A bench of judges comprising Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, and justices Mohamed Ibrahim, Jackton Ojwang’ and Isaac Lenaola said the status quo should remain, pending the hearing of an appeal by the governor, whose win was nullified.

Governor Abdi went to the Supreme Court soon after three Court of Appeal judges upheld the decision to nullify his election on grounds that he did not meet the qualifications to contest the seat.

Through lawyer Tom Macharia, Mr Abdi has faulted the decision and wants to be allowed to demonstrate why the two courts are wrong.

Mr Macharia said there is imminent danger of the seat being declared vacant, rendering the intended appeal useless.

“Accordingly, we hereby make the order staying any and all actions bearing on the occupancy of the governor’s office,” the judges said.

DEGREE

Justices Philip Waki, Asike Makhandia and Patrick Kiage dismissed the first appeal, saying the governor blundered by failing to appear in court and fight a claim he does not have a university degree.

“The appellant did not file a response to the petition. We think that by dint of rule 11(8) of the Election Petition Rules, that omission was a grave default that would have entitled, nay required, the learned judge to exclude the appellant from the proceedings as a party,” they said.

They said Justice Alfred Mabeya, who nullified the election, correctly observed that Mr Abdi did not deny the allegation.

“The cavalier attitude of the appellant was compounded by his choice to stay away from the proceedings,” the judges ruled.