Supreme court has suspended an order nullifying Machakos Governor Alfred Mutua's election win pending hearing and determination of an appeal his lawyers had filed.
The decision by the highest court in the land comes following a move by the Machakos County Assembly to oust Governor Mutua and have Speaker Florence Mwangangi assume executive powers in an acting capacity.
"There shall be a stay of execution against the judgment and decree of 8 June 2018 pending the hearing and determination of the case," part of the ruling read.
"We hereby issue a conservatory order restraining the 1st respondent from certifying the gubernatorial seat of Machakos County vacant pending the hearing and determination of the appeal," the statement further read.
[caption caption="Supreme Court judges during a past hearing"]
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Additionally, the Supreme Court also barred Speaker Mwangangi from assuming the office of Governor until the case is heard and determined at a later date.
The judges also directed the Machakos County Assembly to refrain from announcing that the Governor's seat was vacant as they had initially stated.
Machakos Ward Representatives led by Ekalakala MCA, Stephen Mwanthi had argued the assembly had not received any notice of appeal by Dr Mutua at the Supreme Court to challenge the verdict issued by the court of appeal which nullified his election as governor.
While addressing the press after the house session, the motion mover insisted governor Mutua was obliged to furnish the assembly with any legal action he takes with regard to the ongoing development.
A heated debate ensued in the assembly where MCAs allied to Mutua led by Mwala MCA Brian Kisila fiercely opposed the motion stating: "It will be untimely to debate such a Motion because it is clear and obvious that the governor has not yet exhausted all his avenues of appeal."
[caption caption="Machakos County Assembly during a past session"]
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On her part, Speaker Mwangangi stated: "This matter raises very serious legal and constitutional issues which require proper interpretation of the law. As such, I take it upon myself to consult on its implication and communicate on the matter as soon as possible."
