Nyando by-election suspended until ruling

By Kurian Musa

Kisumu, Kenya: The Supreme Court has stopped the Independent Elections and Boundaries Commission (IEBC) from continuing with preparations for a by-election in Nyando Constituency after Nyando MP Fred Outa’s win was nullified.

Judges Jacton Ojwang’ and Smokin Wanjala suspended the Nyando by-election set for June 2 until May 6 when the court will make a ruling.

The judges also nullified a letter by National Assembly Speaker Justin Muturi declaring a vacancy for the parliamentary seat of Nyando.

Mr Outa argues that the appeal court nullified his win on a misconception that he was a public officer who had engaged on alleged voter bribery.

The Supreme Court judges faulted Muturi’s letter dated April 8, declaring a vacancy for the Nyando seat.

Judge Wanjala and Ojwang’ seemed irked and said a court order issued on April 7 cannot be overtaken by events as submitted by counsel Issa Mansur who represents respondent Jared Odoyo in the case.

Court decision

“Our core business is to resolve disputes and anything that is done from the moment that order was issued on April 7, is a nullity. Whether they are served or not, the court decision has to win and be respected,” Judge Ojwang’ said.

In his letter, Mr Muturi said:

“As you are aware, on March 28, 2014, the appeal court concluded the hearing of the election petition No.1 of 2013 of Jared Odoyo Okelo in which it nullified the election of Hon. Fredrick Otieno Outa as Member of Parliament.”

Muturi’s letter, pursuant to the constitutional provisions, issued a notice to IEBC to proceed to organise a by-election to fill the vacancy. The letter reads that: “Whenever a vacancy occurs in the office of a member of the National Assembly, the respective speaker shall within 21 days write a notice to the Independent Elections and Boundaries Commission.”

Public interest

They gave examples of the Lamu governor’s election petition and Matungulu where the court declined to issue conservatory orders making IEBC lose colossal amounts of taxpayers’ money.

In the interest of the public, orders were issued by the court suspending any process for the by-election.

IEBC lawyer Edwin Mukele supported the application by Mr Outa.