Supreme Court makes important ruling after Alfred Mutua’s win was nullified
A win for Mutua
In court papers seen by Pulselive.co.ke, the apex court issued a stay of execution order awaiting hearing and determination of the poll petition.
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order.
"That there be a stay of execution against the judgment and decree issued on 8 June 2018 pending inter Parties hearing and determination of the case,” the papers read.
The County Speaker and the Independent Electoral and Boundaries (IEBC) were also cautioned against undermining the suspension issued by the Apex Court.
IEBC, the first respondent in the case, was warned against declaring the Machakos seat vacant while the County Speaker was blocked from occupying Mutua’s position until the case was determined.
"We likewise issue a conservatory order restraining the 1 Respondent from announcing or conducting gubernatorial elections in Machakos county pending the hearing and determination of the appeal," the papers read.
The court papers were stamped by the Registrar but the Supreme Court judges had not appended their signatures.
Mutua's win is being challenged by his rival Wavinya Ndeti.
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