The Supreme Court in Nairobi on Friday ruled that Dr Evans Kidero was validly elected as governor of Nairobi County. This effectively terminates a case filed by Ferdinand Waititu that sought to annul the election. Mr Waititu was one of Kidero's challengers in the last gubernatorial race.
The six judge bench led by Chief Justice Willy Mutunga overruled a decision by the appellate court to revoke Kidero's election saying it was an error in law and one given without jurisdiction. It also held that the appeal court delivered a ruling on an appeal which was incompetent as it was filed late, adding that, the petitioner did not explain why he did not collect the court proceedings of the matter before high court on time, even though it was available.
The judges also said that the Appeal Court had no power to extend the six month time period within which an election petition is supposed to be filed, heard and determined.
Kidero had appealed a court ruling by judges GBM Kariuki and Patrick Kiage who had previously declared that he was not validly elected.
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