Lawyer Harrison Kinyanjui for Kabete Member of Parliament Ferdinand Waititu leaving supreme court after supreme court directed it will deliver the ruling on whether to certify urgent the application by Waititu seeking to ouster Nairobi Governor Dr Evans Kidero on Tuesday February 23, 2016.
BY SAM ALFAN
A fresh fight seeking the ouster of Nairobi Governor Dr Evans Kidero will be ruled on Friday.
The urgency of a suit Instituted by Kabete Member of Parliament Ferdinand Waititu will be determined on February 26.
Mr Waititu is seeking the review of a Supreme Court judgment that denied him the governorship of Nairobi.
Lawyer Harrison Kinyanjui representing the MP asked the court to hear the matter expeditiously.
Justice Ojwang., on what basis are you moving to court?
While replying to the judge, lawyer Kinyanjui referred him to JSC press state paragraph 5-
“Arising from the forgoing, the commission is satisfied that prima facie case of gross misconduct and mishavior has been disclosed against hon Justice Philip Tunoi” state the statement.
He further added that, there was Monumental public interest the need to remove to suspesicion of justice that can be sold or bought from the bench.
“There is a heavy cloud that remains hanging over Mr. Justice Tunoi in respect of this judgment which he contributed. You cannot cut off exercise the option of justice from the contribution of the bench it must all fall.Justice shall not be delayed” said Kinyanjui.
The court agreed with him and will make a ruling on the matter on Friday.
The lawyer told the court that for the reason that Judicial Service Commission asked the President to set up a tribunal to investigate allegations against Justice Philip Tunoi a foundation had been made for the review of the judgment.
Mr Waititu Monday moved the Supreme Court to review and or set aside the judgment that retained Dr Kidero as Nairobi governor.
The Kabete MP was the closest rival to Dr Kidero in the 2013 general election that placed the governor at the helm of the city.
Through his lawyer Mr Harrison Kinyanjui the outgoing MP claims that the integrity and transparency of the highest Court has fallen into grave doubt.
It is after a sh200 million bribery allegation was made by a journalist Geoffrey Kiplangat on Supreme Court Judge Philip Tunoi.
The journalist alleged that the Judge was given the money to alter the judgment that bestowed Governor Kidero.
Waititu claims that an exceptional circumstance has since risen from the Judgment negatively implicating the entire decision by the 7 Judge bench.
It is only the court’s Judge Njoki Ndung’u who dissented the unanimous decision.
Waititu claims to have never met Justice Tunoi during the period of the hearing and at no time did the Judge disclose to have met Kidero.
He claims it was dishonest of the judge to have not disclosed that there had been interaction between him and the agents of Kidero.
“So far I have not seen any process filed by Justice Tunoi agains Geoffrey Kipalgat in the high court or any other court of competent jurisdiction to exonerate himself from these allegations,” he said.
Waititu claims the foregoing persuades him justice was not done in the matter and the judgment ought to be set aside.
In his application, Mr Waititu has sued Dr Kidero, Jonathan Mueke, the
Independent Electoral and Boundaries Commission (IEBC), IEBC chairman Isaac Hassan, Nairobi County Returning Officer, Attorney General, DCIO Gigiri and Kayole as well as the Inspector General of Police.