[2018] KESC 47 (KLR)
The Supreme Court determined that, in order to secure the forthcoming hearing and to sustain the integrity of its eventual findings and orders, it was essential to preserve the subject matter of the appeal. The risk that the office of Governor would fall vacant and be occupied by the Speaker, due to delays in...
Source-derived case information.
- Citation
- [2018] KESC 47 (KLR)
- Parties
- Appellant: Mohamed Abdi Mahamud; Respondent: Ahmed Abdullahi Mohamed; Respondent: Ahmed Muhumed Abdi; Respondent: Gichohi Gatuma Patrick; Respondent: Independent Electoral and Boundaries Commission
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Application 6 of 2018
- Procedural Posture
- Application / Interlocutory Order Pending Appeal
- Outcome
- Interim stay granted; status quo to be maintained pending hearing and determination of the appeal.
- Judges
- DK Maraga, PM Mwilu, MK Ibrahim, JB Ojwang, I Lenaola
- Legal Topics
- Governor Election Dispute, Status Quo Orders, Stay of Execution, Vacancy in Public Office
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Abdi Mahamud
Appellant
Ahmed Abdullahi Mohamed
Respondent
Ahmed Muhumed Abdi
Respondent
Gichohi Gatuma Patrick
Respondent
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Application / Interlocutory Order Pending Appeal
Legal Issues
- 1 Whether the Supreme Court should grant a stay to preserve the status quo regarding the occupancy of the Governor's office in Wajir County pending the hearing and determination of the appeal.
- 2 Whether the urgency and risk of the office falling vacant justifies interim relief.
Ratio Decidendi
The Supreme Court determined that, in order to secure the forthcoming hearing and to sustain the integrity of its eventual findings and orders, it was essential to preserve the subject matter of the appeal. The risk that the office of Governor would fall vacant and be occupied by the Speaker, due to delays in hearing the appeal, constituted sufficient urgency and potential for irreparable harm. Therefore, the Court exercised its discretion to stay any actions affecting the occupancy of the Governor's office, maintaining the status quo until the appeal is heard and determined. This ensures that the appeal process is not rendered nugatory and that the rights of the parties are preserved...
Court Disposition
Interim stay granted; status quo to be maintained pending hearing and determination of the appeal.
Orders
- Any and all actions bearing on the occupancy of the Governor's office are stayed.
- The status quo regarding the Governor's office shall not be disturbed pending the hearing and determination of the matter before the Supreme Court.
Full Case Text
Judgment text and source record
27 paragraphs
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