The High Court in Nyeri on Monday
declined to temporarily block the swearing in of the Governor-elect Ndiritu Gachagua
pending the hearing of a poll petition. Thuo Mathenge, who was third in the
race behind Gachagua of the Grand National Union GNU and Dr. Gakuru Wahome of
The National Alliance, had wanted the swearing in stopped pending the hearing
of a petition he has filed against the winner.
After hearing an application filed
under a certificate of urgency, Justice James Wakiaga directed the petitioner
to serve Gachagua with the suit papers to allow an interpartes hearing on
Friday. The Saba Saba Asili SSA candidate had asked the court to bar the winner
from being sworn-in, saying he will suffer irreparable damage if the swearing
in was conducted before the hearing of the suit.
But the judge said it would be
important to hear both sides before the injunction was issued. “The Election
Act does not give me powers to issue an injunction against a person duly
elected. It only gives me powers to hear the petition challenging the win,’
said Wakiaga.
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