Supreme Court reinstates Garissa governor

By Hallyghan Agade

The governor in May filed an appeal at the Supreme Court challenging his ouster (FILE)

The Supreme Court has reinstated Nathif Jama as Garissa County Governor.

The highest court in the land quashed the ruling by the Court of Appeal that nullified Nadhif’s election on grounds that the minimal irregularities cited by the appellate court were not sufficient to overturn the March 4th gubernatorial elections in Garissa for the drastic election.

The Court of Appeal sitting in Nairobi had nullified Nadhif’s election in April 2014 citing several irregularities.

The six judge bench overturned the court of appeal verdict that was delivered in April 2014. Led by Chief Justice Willy Mutunga the court made its orders in favour of Nathif Jamaa the Governor whose future seemed uncertain.

In its ruling the Supreme Court tore into the court of appeal bench of Judges David Maraga, John Mwera and Philomena Mwilu who had faulted the high court for not allowing a scrutiny of votes cast in a petition filed by a voter Abdul Rahman.

The judges said the petitioners challenging Jama’s election did not apply for the scrutiny and recount of the votes. Mutunga took on the judges to keep abreast of what is happening in other courts in order to come up with informed judgments.

The elated governor who was carried shoulder high  by his supporters urged his opponents to join him to move the county of Garissa forward.

He also said that the county has been hit by insecurity incidences and that it is high time that they come up with solutions to the problem together as a county.

Meanwhile the DPP has filed a suit opposing attempts by Machakos county Governor Alfred Mutua to seek refuge in the court and gag the Ethics and Anti-Corruption Commission from summoning him and or commencing investigations against him.

DPP says his office does not require clearance from any quarter to summon any one .The case will proceed on the 14th of this month.

 

 

 

 

 

 

 

 

 

 

 

This is after the court on Wednesday morning reversed Court of Appeal judgment that in April nullified the election of the governor. The court of appeal sitting in Nairobi ruled that the election of the governor was not free and fair.

The court further said the high court should have ordered for scrutiny of votes. The appeal was filed by the petitioners Abdikarim Osman Mohamed and Sahal Nuno after the high court dismissed their case in September last year and upheld Jama’s election.

However in May, the Supreme Court  temporarily reinstated Nathif  pending the hearing and determination of the appeal he has filed challenging his ouster.

Judges Philip Tonui and Njoki Ndung’u said the appeal raised arguable points of law and the public interest demands that public resources be managed by the constitutionally elected person.

They also stopped IEBC from declaring the seat vacant and swearing in of the County Assembly Speaker to act as governor.

 

More to follow……