Governor Alfred Mutua has seven days from the date of the judgement that nullified his election to file the notice at the Supreme Court which will guarantee him a 30-day stay order within which he must file the appeal itself.
This is after Machakos MCAs on Tuesday passed a vote declaring the governor's seat vacant following the court's annulment of Alfred Mutua's election.
43 out of 59, Ward Representatives voted that Mutua ceased to be the governor the moment the Appeals court made the ruling and directed IEBC to conduct a fresh election.
Ekalakala MCA Stephen Mwanthi who proposed the motion stated that it was discussed on grounds the governor has not served the county assembly with his notice of appeal.
[caption caption="Machakos County government"]
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"Mutua has not served the assembly with his alleged appeal notice at the Supreme Court. We are treating it as rumours," Mwathi stated.
The Ward Reps went ahead and asked the county's speaker Florence Mwangangi to assume the governor's position with immediate effect.
On his part, Dr Mutua maintained he was still in office and will continue to discharge his duties as the Machakos governor.
"I want to tell my people they did nothing wrong in the election, These are hurdles one goes through before being lifted to the next office," Mutua stated.
"The MCAs are being used by people who are fighting his 2022 presidential bid. I have the notice of appeal but it takes time to get the stay order from the Supreme Court," he added.
[caption caption="Governor Alfred Mutua"]
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The Court of Appeal on Friday last week stated that the county boss was not validly elected and voided the results declared by the IEBC.
