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Supreme Court stops Mathare election indefinitely

The country’s top court has stopped the planned Mathare by-election indefinitely.

Constituents will now know whether they will head to the polls after the Supreme Court makes a ruling in the case where recently removed MP George Wanjohi is seeking to overturn a Court of Appeal judgement against him.

The top court had temporarily stopped the mini poll as it studied Mr Wanjohi’s petition documents to determine the weight of his complaint.

But on Tuesday Justices Mohamed Ibrahim and Njoki Ndungu opted to definitely stop the Independent Electoral and Boundary Commission (IEBC) from proceeding with the mini-poll. 

The electoral agency had set June 3 as the poll date and various aspirants had already started wooing voters.

Justice Ibrahim said Mr Wanjohi’s case could be rendered of little importance if IEBC was not stopped. 

“A stay of execution of the Court of Appeal decision is granted pending the hearing and determination of the appeal,” said Judge Ibrahim.

Court of Appeal judges had on March 18 declared the seat vacant saying it was not possible to establish a clear winner. 

Full count

The case was initially filed at the IEBC election petition court by Mr Kariuki. 

He had been given a certificate by the returning officer for Mathare, Mrs Milliam Gachihi who later withdrew it and handed it to Mr Wanjohi of TNA.

She told a court that the full count showed Mr Wanjohi had won.