Mahamud v Mohamed & 3 others [2018] KESC 47 (KLR)

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

In the Supreme Court 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. MARAGACHIEF JUSTICE/PRESIDENT OF THE SUPREME COURT.......................P.M. MWILUDEPUTY CHIEF JUSTICE & VICE PRESIDENT OF THE SUPREME COURT.......................M.K. IBRAHIMJUSTICE 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