WAITITU WINS FIRST ROUND IN FRESH COURT BATTLE OVER NAIROBI GOVERNORSHIP.

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Kabete Member of Parliament Ferdinand Waititu with his lawyer Harrison Kinyanjui outside Milimani law courts.

BY SAM ALFAN.

Kabete Member of Parliament Ferdinand Waititu got a reprieve Friday after the Supreme Court reinstated his application seeking a review of an earlier decision which confirmed the election of Nairobi Governor Evans Kidero.

Supreme Court Judge Jackton Ojwang suspended an order he had issued earlier that the application has no merit and should be dismissed.

Instead, he allowed a request by Mr Waititu, through lawyer Harrison Kinyanjui, that the application be heard by a bench.

“I hereby direct that the Chief Justice constitutes a bench to hear the application by Mr Waititu,” said Mr Justice Ojwang.

The Judge while dismissing the application argued that Mr Waititu’s application is based on allegations of corruption against Supreme Court Judge Philip Tunoi but which have no legal basis.

Mr Justice Tunoi is alleged to have received a Sh200 million bribe to influence an election petition in favour of Governor Kidero in 2014.

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 against 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.

 

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