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Governor Evans Kidero’s nullification appeal at Supreme Court to be heard

COUNTY_NAIROBI
By WAHOME THUKU | June 11th 2014
Nairobi Governor Evans Kidero (right) with his lawyer Prof Tom Ojienda. [PHOTO: STANDARD]

NAIROBI COUNTY: The hearing of an Appeal filed by Nairobi Governor Evans Kidero challenging the nullification of his election will be heard on June 25 and 26.

The dates were set Tuesday afternoon when Kidero’s lawyer and those of his political opponent Ferdinand Waititu went before the Supreme Court Registrar Lucy Njora.

The case will be heard by all the seven Supreme Court judges in accordance to the order of the same court last week.

Kidero has appealed against the nullification of his election by the Court of Appeal last month.

He filed the appeal a day after the judgement and the court allowed him to continue holding the office pending the hearing and determination of the appeal.

The case was scheduled to be heard last Friday and Monday, but Kidero’s lawyers objected after being informed that the Chief Justice Willy Mutunga was not present to sit on the bench.

The lawyers led by Prof Tom Ojienda raised issue with being heard by six judges fearing that they could split in their decision.

Such a split would legally mean the Court of Appeal decision is upheld meaning Nairobi would go for a gubernatorial by election.

But Waititu’s lawyer Paul Muite said they were ready to proceed before the six judges present.

The judges consulted and decided that the appeal be heard by the full bench of seven judges.

Tuesday, Muite said his client would require six hours to oppose the appeal before the Supreme Court.

Kidero and Waititu have been campaigning for a possible by-election even as the appeal is pending.

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