Kidero loses city governor’s job in appeal court...and then reinstated.

[Ab-Titchaz]

Kidero loses city governor’s job in appeal court

Nairobi governor Evans Kidero. Two judges ruled that the elections that ushered Dr Kidero in as governor and his deputy, Mr Jonathan Mweke, did not meet the constitutional threshold of free and fair polls and that the polls were marred by electoral crimes and irregularities that should have attracted investigations with possible penalties. PHOTO/NATION


By VINCENT AGOYA
[h=3]In Summary[/h]

• Two judges ruled that the elections that ushered Dr Kidero in as governor and his deputy, Mr Jonathan Mweke, did not meet the constitutional threshold of free and fair polls and that the polls were marred by electoral crimes and irregularities that should have attracted investigations with possible penalties.
• Mr Waitutu pegged his petition on grounds that the constitutional threshold of a free and fair election was not met in the elections. His lawyers, Senior Counsel Paul Muite and Harrison Kinyanjui, had laid 39 grounds of appeal.

Nairobi governor Evans Kidero and his deputy are the latest casualties of a wave of poll petitions following the March 3, 2013 General Election.

The two lost their seats yesterday after the Court of Appeal set aside a judgment that had initially declared them validly elected.

Two judges ruled that the elections that ushered Dr Kidero in as governor and his deputy, Mr Jonathan Mweke, did not meet the constitutional threshold of free and fair polls and that the polls were marred by electoral crimes and irregularities that should have attracted investigations with possible penalties.

The judges upheld the appeal Mr Ferdinand Waititu filed seeking a reversal of the petition judgement, but Dr Kidero promised to move to the Supreme Court to lodge an appeal.

Judges GBM Kariuki and Patrick Kiage declared that the two leaders were not validly elected and quashed the decision that initially declared them winners. However, judge Mohammed Warsame, sitting on the same bench, dissented and upheld the High Court decision, saying, the trial court did a thorough job.

There was tension both inside the packed courtroom and outside as supporters of the politicians gathered to hear the judgement.

Supporters of Mr Waititu, who was found unfit to hold public office by a separate court in February, took to the streets in celebration after the ruling.

Judge Kariuki was the first to declare that there had been a “miscarriage of justice” in the hearing and determination handed to Mr Waititu late last year that saw his petition thrown out with costs.

“The outcome of the judgement was a result of suppressed evidence,” the judge said.

PARTIAL SCRUTINY

He took issue with the partial scrutiny of votes that had been ordered by the petition court, saying, it only amounted to further suppression of evidence and that even the “outcome disclosed various irregularities and disrespect of the law.”

“The decision appeared to trash the petition since it was held that they did not affect the overall outcome,” judges Kariuki and Kiage said.

“The trial judge did not give the appellant a fair hearing,” judge Kiage said, adding, the High Court judgement was shrouded by “bias and seemed to outrightly deny the petitioner’s prayers from the outset.”

Mr Waitutu pegged his petition on grounds that the constitutional threshold of a free and fair election was not met in the elections. His lawyers, Senior Counsel Paul Muite and Harrison Kinyanjui, had laid 39 grounds of appeal.

They said the poll results had been compromised and were not reflective of the true picture on the ground.

The judges said that the fact that ballot papers were found strewn in various parts of the city was a clear testimony that the IEBC failed to secure the polls as required of election rules.

But Justice Warsame, dissenting, said the appeal smirked of indolence. The judge feared that a nullification had far-reaching consequences especially on finances.

He said Mr Waititu may have filed his appeal based on the opinion polls that put him ahead of his opponent and questioned why he went to the appeal court with additional evidence that he should have presented during the initial litigation.

In his opinion, the appeal “was crafty and was not clear on what it was meant to achieve.”

He said Dr Kidero gave Mr Waititu a wide margin in the vote count and that considering the political clout he enjoyed in the city “it was impossible to steal from him over 70,000 votes as he alleged.”

“It would be naturally difficult to compromise his rights considering the grassroots support he enjoys in Nairobi,” the judge said.

Justice Kiage said the fact that Mr Waititu was denied a chance to cross-examine some witnesses was a fundamental error by the trial judge.

CHRONOLOGY

Grounds of Appeal

• Suppression of evidence: the judges said the petition court only ordered a partial scrutiny of votes.
  
• Noncompliance with law” poll material was not secured, found strewn in parts of city.
  
• Evidence of double-voting
  
• Validity of votes cast: Election material not signed, altered and undated.
  
• Denied cross-examination amounted to unfair trial.
  
  
  Kidero loses city governor’s job in appeal court - Politics - nation.co.ke

 

[Butola]

...huu uamuzi utakuwa umewapa furaha sana vinara wa chama chake cha ODM wakiongozwa na Raila Odinga....maana anayekuogopesha muombee njaa...

 

[Crucial Man]

Kwanza kabisa napenda nimpe pole Dr kidero,lakini bado Nina imani japo sio asilimia mia kwamba rufaa yake inaweza kushinda.
Kidero kajitakia Haya mwenyewe,Nairobi sio kama majiji mengine ambayo chama chochote cha kisiasa kingependa kipoteze,so kidero kuongoza jiji hilo halikuwafurahisha vyama tawala jubilee.ikumbukwe pia wafanyabiashara wakubwa Wa Kenya wengi wao wanachumia nairobi,kupitia deals mbali mbali za kiahalali na zisizo halali.kama tujuavyo matajiri wengi Wa Nai ni wakikuyu na ndio chama chao kinatawala,so kuongozwa na kidero kwao lilikuwa sio jambo jema.
Kwa kutambua hili walirudi mezani na kupanga mikakati yao ipasavyo,wakamrushia kidero chambo maskini jaluo Wa watu akameza,walichofanya ni kumshawishi awe na urafiki Nao yaani chama tawala
Kidero akabweteka na kujiona anapendwa na watawala akaanza migogoro ndani ya chama chake kama alivyofanya hon zzk cdm.akaanza kupingana na chama chake cha ODM,kumpinga hadharani Hon odinga na kuanzisha vikundi ndani ya odm,
Kwa maana hiyo kidero akakosa ushirikiano Wa kutosha ndani ya Odm,na kubweteka kwamba anapendwa na upande Wa PILI( jubilee) matokeo yake wakamset ipasavyo na kidero kajikuta cornered pats down akimbilie wap!,hatma ukisoma majina ya majaji walio msulubu utagundua tu kwamba this was well calculated plan.

 

[Mekatilili]

Good riddance, he has nothing to show for his time in office. I had high hopes for him, shame.

 

[MK254]

Kwanza kabisa napenda nimpe pole Dr kidero,lakini bado Nina imani japo sio asilimia mia kwamba rufaa yake inaweza kushinda.
Kidero kajitakia Haya mwenyewe,Nairobi sio kama majiji mengine ambayo chama chochote cha kisiasa kingependa kipoteze,so kidero kuongoza jiji hilo halikuwafurahisha vyama tawala jubilee.ikumbukwe pia wafanyabiashara wakubwa Wa Kenya wengi wao wanachumia nairobi,kupitia deals mbali mbali za kiahalali na zisizo halali.kama tujuavyo matajiri wengi Wa Nai ni wakikuyu na ndio chama chao kinatawala,so kuongozwa na kidero kwao lilikuwa sio jambo jema.
Kwa kutambua hili walirudi mezani na kupanga mikakati yao ipasavyo,wakamrushia kidero chambo maskini jaluo Wa watu akameza,walichofanya ni kumshawishi awe na urafiki Nao yaani chama tawala
Kidero akabweteka na kujiona anapendwa na watawala akaanza migogoro ndani ya chama chake kama alivyofanya hon zzk cdm.akaanza kupingana na chama chake cha ODM,kumpinga hadharani Hon odinga na kuanzisha vikundi ndani ya odm,
Kwa maana hiyo kidero akakosa ushirikiano Wa kutosha ndani ya Odm,na kubweteka kwamba anapendwa na upande Wa PILI( jubilee) matokeo yake wakamset ipasavyo na kidero kajikuta cornered pats down akimbilie wap!,hatma ukisoma majina ya majaji walio msulubu utagundua tu kwamba this was well calculated plan.

Ni lini maamuzi ya kimahakama yatafanyika bila hizi analysis za kiukabila. Jameni Kidero siye wa kwanza kupoteza kiti hicho na mahakama imetoa sababu za kuridhisha, fuatilia kabla hujakurupuka. Wengi wafuasi wa Jubilee walipendezwa na kazi yake Kidero, hata rais alimpa ushirikiano. Tatizo la wafuasi wa Raila ni ufungwo wa kiakili, eti anachosema Raila inakuwa sheria na hawezi bishwa. Jameni tujifunze na wenzetu Tanzania kwamba juzi jamaa anayeitwa Zitto Kabwe yeye hakukubaliana na uongozi wa chama, ila bado wana Chadema hawajamtema, yupo bado. Hiyo ndio demokrasia ya kweli siyo upuzi wetu huu kufungwa kikabila hata kwa waliosoma. Kidero wengi tunampenda na tutampa kura maana kazi ya Nairobi sio kama kijiji.

 

[allanmedi]

Pity on kidero! Oooh ghosh!!

 

[Ab-Titchaz]

The man has been reinstated....temporarily...Mutungaroo Courts interfering as usual.


The Supreme Court has temporarily reinstated Evans Kidero as the Nairobi Governor pending the hearing and determination of his appeal.

Justice Mohamed Ibrahim barred the swearing of the County Speaker to act as Governor and restrained the Independent Electoral and Boundaries Commission (IEBC) from declaring the seat vacant

Dr Kidero's lawyers Prof Tom Ojienda, Evans Monari and Kennedy Ogeto filed the suit under a certificate of urgency Wednesday afternoon to challenge the Court of Appeal's decision to annul his election.

The Governor was ordered to serve the respondents with suit papers by Friday, May 16.

The Court of Appeal had Tuesday said the election of Evans Kidero and that of his deputy Jonathan Mueke did not meet the constitutional threshold of free and fair polls.

Supreme Court reinstates Kidero as Governor - Politics - nation.co.ke

 

[Crucial Man]

Ni lini maamuzi ya kimahakama yatafanyika bila hizi analysis za kiukabila. Jameni Kidero siye wa kwanza kupoteza kiti hicho na mahakama imetoa sababu za kuridhisha, fuatilia kabla hujakurupuka. Wengi wafuasi wa Jubilee walipendezwa na kazi yake Kidero, hata rais alimpa ushirikiano. Tatizo la wafuasi wa Raila ni ufungwo wa kiakili, eti anachosema Raila inakuwa sheria na hawezi bishwa. Jameni tujifunze na wenzetu Tanzania kwamba juzi jamaa anayeitwa Zitto Kabwe yeye hakukubaliana na uongozi wa chama, ila bado wana Chadema hawajamtema, yupo bado. Hiyo ndio demokrasia ya kweli siyo upuzi wetu huu kufungwa kikabila hata kwa waliosoma. Kidero wengi tunampenda na tutampa kura maana kazi ya Nairobi sio kama kijiji.

KWANZA kabisa naomba nikuweze wazi kwamba mimi so Kenya mwenzio...naomba nikuweke wazi kwamba sijakurupuka kijana, ila wewe ndio umekurupuka tena umetolea mfano kwa jambo usilolijua. Umeongelea sakata la Zitto name chaser na mwisho wa siku umechafua hewa kwamba chadema hawakumtema. Pole sana ungekuwa unajua status ya ubunge wa zitto usingetolea mfano Zitto.

PILI katika andiko langu sijamtaja Odinga ila nilichosema ni kwamba Kidero alijijengea maadui ndani na nje ya odm. Hivyo akakosa support ya chama.

Siku nyingine chambua hzi kabla hujapayuka ndugu.

 

[Ab-Titchaz]

Ni lini maamuzi ya kimahakama yatafanyika bila hizi analysis za kiukabila. Jameni Kidero siye wa kwanza kupoteza kiti hicho na mahakama imetoa sababu za kuridhisha, fuatilia kabla hujakurupuka. Wengi wafuasi wa Jubilee walipendezwa na kazi yake Kidero, hata rais alimpa ushirikiano. Tatizo la wafuasi wa Raila ni ufungwo wa kiakili, eti anachosema Raila inakuwa sheria na hawezi bishwa. Jameni tujifunze na wenzetu Tanzania kwamba juzi jamaa anayeitwa Zitto Kabwe yeye hakukubaliana na uongozi wa chama, ila bado wana Chadema hawajamtema, yupo bado. Hiyo ndio demokrasia ya kweli siyo upuzi wetu huu kufungwa kikabila hata kwa waliosoma. Kidero wengi tunampenda na tutampa kura maana kazi ya Nairobi sio kama kijiji.

I have no idea why you dragged Raila's name into this mess. God forbid!

 

[Ab-Titchaz]

KWANZA kabisa naomba nikuweze wazi kwamba mimi so Kenya mwenzio...naomba nikuweke wazi kwamba sijakurupuka kijana, ila wewe ndio umekurupuka tena umetolea mfano kwa jambo usilolijua. Umeongelea sakata la Zitto name chaser na mwisho wa siku umechafua hewa kwamba chadema hawakumtema. Pole sana ungekuwa unajua status ya ubunge wa zitto usingetolea mfano Zitto.

PILI katika andiko langu sijamtaja Odinga ila nilichosema ni kwamba Kidero alijijengea maadui ndani na nje ya odm. Hivyo akakosa support ya chama.

Siku nyingine chambua hzi kabla hujapayuka ndugu.

Sina la ziada la kuongeza hapa Ankal!...umegonga ndipo.

 

[MzalendoHalisi]

Just to ask!!!

1. Hawa magavana wanaovuliwa vyeo vyao na mahakama- je kunakuwa na uchaguzi tena? Lini? Kwa kodi ya wanainchi?

2. Kenya kuna katiba mpya sasa- je kuna mabadiliko ya maana ktk demokrasia na maendeleo? Vipi ukilinganisha zamani na sasa?

3. May be if County System is too expensive to implement then in Tz tuendelee kwanza na Mikoa (provinces) na tuitumie pesa katika barabara na elimu na afya!

Mnasemaje?

Tupeaneni uzoefu!!

 

[kadoda11]

since when a jaruo rules kikuyus in their territory (nairobi)?!...his impeachment and all related events against him was an obvious thing. tribelism at its worse highest order.that's how politics is ran in kenya.

 

[Ab-Titchaz]

Just to ask!!!

1. Hawa magavana wanaovuliwa vyeo vyao na mahakama- je kunakuwa na uchaguzi tena? Lini? Kwa kodi ya wanainchi?

2. Kenya kuna katiba mpya sasa- je kuna mabadiliko ya maana ktk demokrasia na maendeleo? Vipi ukilinganisha zamani na sasa?

3. May be if County System is too expensive to implement then in Tz tuendelee kwanza na Mikoa (provinces) na tuitumie pesa katika barabara na elimu na afya!

Mnasemaje?

Tupeaneni uzoefu!!

MzalendoHalisi,

heshima mbele mkuu mwenzangu. Habari za kaya?

Kwanza nitakujibu hivi, wakishavuliwa vyeo na mahakama kuna process ya kukata rufaa ambapo the whole
thing might drag out for a while. Afu pia kuna Supreme Court ambayo inaeza kuenda kinyume na
maamuzi ya Mahakama ndogo. That might be Kidero's saving grace. Holding a by election for a Governor
of Nairobi might be too expensive na kuna simu zitapigwa na hii kitu itaskumwa chini ya zulia tu.

Pili, kuhusu mabadiliko, inategema unayemuuliza. Wale walio madarakani hawana budi kukuwambia kila
kitu mswano lakini walalahoi wanahadithi tofauti. Kwa ufupi msitu umebadilika lakini nyani ni walewale
wanaendekeza ukabila, usanii na ufisadi kila kukicha!

Tatu, personally, mwenzio nilikua naona ile system ya mikoa ilikua poa tu. Labda wangesplit Rift Valley into 2
na zile nyengine zingebaki vile vile afu zitawaliwe na magavana. Hizi County 47 ni a bit too much.

Senti yangu hamsini hio.

 

[Ab-Titchaz]

since when a jaruo rules kikuyus in their territory (nairobi)?!...his impeachment and all related events against him was an obvious thing. tribelism at its worse highest order.that's how politics is ran in kenya.

FYI, Nairobi is not a Kikuyu territory...its a mixture of everybody you can think of. Hio dominance ni midomo
ya watu tu.

 

[Ab-Titchaz]

EVANS KIDERO REMAINS OUR MAN, SAYS ODM

Nairobi governor Evans Kidero.

Thursday, May 15, 2014 - 00:00 -- BY JILLO KADIDA

ODM yesterday declared its support for Evans Kidero, as the city Governor temporarily got his job back pending his appeal in the Supreme Court.

"We are standing with Kidero. He is our member and we will go all the way with him. This monkey business going on the Judiciary will not affect our support for Kidero.

"We believe he is the right man for the job and he was validly elected," said ODM acting Leader Anyang' Nyong'o.

An appeal court threw Kidero out on Wednesday, in a case brought by Ferdinand Waititu.

Two of the three judges ruled that the High Court erred in dismissing allegations of vote-stuffing without allowing cross-examination of witnesses to get to the bottom of the issues.

They also said the lower court judges' rejection of a scrutiny of votes as demanded by Waititu had rendered his case null.

But the Supreme Court reinstated Kidero after temporarily suspending the decision by the Appeal Court.

Supreme Court judge Mohammed Ibrahim issued the order halting the appeal judgment. He also stopped the Independent Electoral and Boundaries Commission from declaring the Nairobi gubernatorial seat vacant.

Justice Ibrahim further issued an order blocking the Nairobi county assembly speaker or any other person from assuming the office of governor.
Making the orders, he said Kidero has raised weighty issues in his appeal with a high likelihood of success and in the event the relief sought is not granted his appeal will become null and void.

He also noted that the apprehension the speaker of the county assembly might be sworn in to take up the governor's position is reasonable and therefore granting the orders sought is justified.

Certifying Kidero's case as urgent he directed that it be heard by a bench of two Supreme Court judges.

In his appeal, Kidero said he stands to suffer if the highest court didn't intervene.

Through lead lawyer Prof Tom Ojienda, Kidero argued that the decision by judges GBM Kariuki and Patrick Kiage sending him home is a gross injustice to him and the people of Nairobi and must not stand.

He said the judgment went against the law in allowing a case by his challenger that was filed out of time.

On Tuesday the Appeal Court declared that the High Court erred in upholding Kidero's election without giving his challenger Waititu fair opportunity to cross-examine witnesses, hence suppressing the truth.

However, the third judge on the appeal bench, Mohammed Warsame, dissented, opting to dismiss the appeal challenging Kidero's election. His main reason for dismissal is that the appeal was filed 22 days late, long after the deadline for lodging had passed.

Judge Warsame was of the view that Waititu just made general allegations that votes were stolen, without backing them up with any evidence.
"He did not show how the huge number of votes was stolen. The over 70,000 votes could not have been stolen and anybody saying so is daydreaming," said Warsame in his dissenting judgment.

The other judges held that they cannot dismiss the appeal by Waititu on the basis of the technicality that it was filed out of time. "Justice cannot be sacrificed at the altar of technicalities," they said.

Judges Kiage and Kariuki noted that Waititu requested a copy of proceedings from the High Court case on time so that he could file his appeal.

Kidero's case brings to four the number of suits before the Supreme Court affecting governors. The other cases are appeals by Peter Munya (Meru), Okoth Obado (Migori) and Nathif Jama (Garissa).

The Kidero case will be heard on May 23.

EVANS KIDERO REMAINS OUR MAN, SAYS ODM | The Star

 

[Crucial Man]

I have no idea why you dragged Raila's name into this mess. God forbid!

railaphobia ,akilala anaota raila anamkimbiza,akiamka anaota raila atamzibia riziki..akiona avatar ya mtu kaweka picha ya raila anajua huyo ni jaluo na ni mkenya...guys lets think beyond our noses hii tabia ya kumchukia mtu asiyekujua inaturudisha nyuma...

 

[Skype]

All the best mr. Kidero, I am too all the way with you.

 

[kadoda11]

FYI, Nairobi is not a Kikuyu territory...its a mixture of everybody you can think of. Hio dominance ni midomo
ya watu tu.

mkuu
i've strong reasons to beleave that nairobi is a kikuyu dominance/territory.

almost all of the plots,rental homes , business stores,matatus/matatu's sacco etc are owned by kikiyus....tukiwa nai,tunapanga ktk magorofa yanayo milikiwa na wakikuyu,at the end of the day tunalipa rent kwa wakikuyu.
tukiwa nai tunalewa ktk pubs zinazo milikiwa na wakikuyu.tuna attend night clubs zinazo milikiwa na wakikuyu,na hata totozi tamu za kutafuna tunazo jipoza at strip club joints like apple bees ni kikuyus...orodha ni ndefu mno.

kwa indication hizo chache nilizo kuwekea,hudhani kwamba shemeji zangu akina MAINA ( lawmaina78 ) "run tings proper" around nairobi like their territory?.

 

[MK254]

I have no idea why you dragged Raila's name into this mess. God forbid!

Did you read "Crucial Man" man analysis ama you're one of those blinded as well. Didn't he write this "kumpinga hadharani Hon odinga na kuanzisha vikundi ndani ya odm", stop reading comments and posts selectively.

 

[MK254]

KWANZA kabisa naomba nikuweze wazi kwamba mimi so Kenya mwenzio...naomba nikuweke wazi kwamba sijakurupuka kijana, ila wewe ndio umekurupuka tena umetolea mfano kwa jambo usilolijua. Umeongelea sakata la Zitto name chaser na mwisho wa siku umechafua hewa kwamba chadema hawakumtema. Pole sana ungekuwa unajua status ya ubunge wa zitto usingetolea mfano Zitto.

PILI katika andiko langu sijamtaja Odinga ila nilichosema ni kwamba Kidero alijijengea maadui ndani na nje ya odm. Hivyo akakosa support ya chama.

Siku nyingine chambua hzi kabla hujapayuka ndugu.

Hivyo kama wewe sio Mkenya basi wacha kuchukua misimamo ya kiukabila ya Kikenya, jifunze na Wabongo wenzio wanapo-comment kuhusu Kenya. They don't take tribal/party positions. Halafu huna hata aibu ukidai eti hukumtaja Odinga....ina maana mimi kipofu sikuona hii statement "kumpinga hadharani Hon odinga na kuanzisha vikundi ndani ya odm"