The Supreme Court has temporarily reinstated Evans Kidero as the Nairobi Governor pending the hearing and determination of his appeal.
Justice Mohamed Ibrahim barred the swearing of the County Speaker to act as Governor and restrained the Independent Electoral and Boundaries Commission (IEBC) from declaring the seat vacant
Dr Kidero’s lawyers Prof Tom Ojienda, Evans Monari and Kennedy Ogeto filed the suit under a certificate of urgency Wednesday afternoon to challenge the Court of Appeal’s decision to annul his election.
The Governor was ordered to serve the respondents with suit papers by Friday, May 16.
The Court of Appeal had Tuesday said the election of Evans Kidero and that of his deputy Jonathan Mueke did not meet the constitutional threshold of free and fair polls.
(Read: Kidero loses city governor’s job)
The court noted that the polls were marred by electoral crimes and irregularities that should have attracted investigations with possible penalties.
The appellate court judges GBM Kariuki and Patrick Kiage declared, therefore, that the two leaders were not validly elected and quashed the decision that initially declared them winners.
The petition against Dr Kidero’s election had been filed by Mr Ferdinand Waititu, who lost in the race for the Nairobi Governor’s position during last year’s General Elections.