NAIROBI—The Supreme Court has granted Wajir governor a stay order pending the determination of his appeal.
In an order late on Thursday, the Supreme Court judges: David Maraga, P. M Mwilu, Mohamed Ibrahim, J. B Ojwang and Issack Lenaola said the governor, Mohamed Abdi can continue serving until a ruling would be made.
“In order to secure the forthcoming hearing before the Supreme Court and to sustain the integrity of such finding and Orders as the Supreme Court may ultimately make, it is essential to preserve the subject matter of the approval.
“Accordingly, we hereby make this order staying any and all actions bearing on the occupancy of the Governor’s Office. The status quo shall not be disturbed pending the hearing and determination of the matter pending before the Supreme Court,” the order read in part.
The Court said power vacuum would effect service delivery and smooth running of the administration.
” While the appeal awaits hearing, there is an urgent situation affecting the office of the governor of Wajir County, ” the Order said.
APPEALS COURT RULING
Mohamed Abdi appealed the ruling through his lawyer Tom Macharia shortly after the Court of Appeal upheld the High Court decision that nullified his election on August 8, 2017.
In their ruling, judges Philip Waki, Milton Makhandia and Patrick Kiage said the governor was not qualified to contest as he did not have a valid degree.
In a judgement read by justice Kathurima M’inoti, the three added that Abdi wasted the opportunity to respond to the allegations raised against him by Ahmed Abdullahi and Ahmed Muhumed.
Abdi said: “I am dissatisfied with the entire judgement of the court.”