The Supreme Court has stayed the ruling of the Court of Appeal that nullified the election of Machakos Governor Alfred Mutua on June 8.
The High court made the ruling on Wednesday following an appeal filed by Governor Mutua was followed by a certificate of urgency seeking to stay orders issued by the Court of Appeal and reinstall him as governor.
“The appellant’s appeal is allowed and the judgment and order of the High Court given on 9th February 2018 is hereby set aside. It is hereby directed that the third respondent was not validly declared as the Governor of Machakos County. IEBC is herby directed to organise and conduct a fresh election for the position of the Governor of Machakos County in conformity with the constitution, the Elections Act, and the relevant regulations,” Justice Ouko declared while nullifying Mutua’s election.
In the ruling, the Supreme Court also granted conservatory orders restraining the Independent Electoral and Boundaries Commission (IEBC) from declaring the Machakos gubernatorial seat vacant pending the determination of Mutua’s appeal that forthcoming.
The Supreme court also restrained the Machakos County Assembly Speaker from assuming the Office of the Governor as well as barring the IEBC from announcing or conducting gubernatorial elections in the county.