Mahamud v Mohamed & 3 others (Application 6 of 2018) [2018] KESC 47 (KLR) (3 May 2018) (Order)
Mohamed Abdi Mahamud v Ahmed Abdullahi Mohamed & 3 others [2018] eKLR
Neutral citation:
[2018] KESC 47 (KLR)
Republic of Kenya
Application 6 of 2018
DK Maraga, CJ, PM Mwilu, DCJ & V-P, MK Ibrahim, JB Ojwang & I Lenaola, SCJJ
May 3, 2018
Between
Mohamed Abdi Mahamud
Appellant
and
Ahmed Abdullahi Mohamed
1st Respondent
Ahmed Muhumed Abdi
2nd Respondent
Gichohi Gatuma Patrick
3rd Respondent
Independent Electoral and Boundaries Commission
4th Respondent
(Appeal from the Judgment and decree of the Court of Appeal at Nairobi by Hon. Justice Phillip Waki, Hon. Justice Patrick Kiage and Hon. Justice Makhandia dated 20 April 2018
Election Appeal 2 of 2018
)
Order
1.While the appeal awaits hearing, there is an urgent situation affecting the Office of Governor of Wajir County. The applicant’s counsel has filed a certificate of urgency, supported by the affidavit of Mohamed Abdi Mohamad, the sitting Governor of Wajir County, dated 23rd April, 2018. It is averred that the Governor’s office is destined to fall vacant and to be occupied by the holder of the Office of Speaker, on account of delay in hearing the applicant’s case on the merits and disposing of it.
2.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 appeal.
3.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.
Orders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 3RD DAY OF MAY, 2018......................D.K. MARAGA CHIEF JUSTICE/PRESIDENT OF THE SUPREME COURT .......................P.M. MWILUDEPUTY CHIEF JUSTICE & VICE PRESIDENT OF THE SUPREME COURT.......................M.K. IBRAHIM JUSTICE OF THE SUPREME COURT.......................J.B. OJWANGJUSTICE OF THE SUPREME COURT.......................I. LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRAR,SUPREME COURT OF KENYA