The Supreme Court has issued a stay order to Machakos Governor Alfred Mutua following his August 8, 2017 re-election nullification by the appellant court.
The court ordered that there be a stay of execution against the Judgment and Decree delivered by the Court of Appeal on June 8, 2018, pending inter-parties hearing and determination of Mutua's appeal case at the highest court in the land.
"Lying before the Supreme Court is the applicant's Petition of Appeal, dated 21 June 2018 and filed on 22 June 2018. The applicant has filed a Certificate of Urgency dated 11 June 2018, lodged in Court on 12 June 2018, the same supported by the affidavit of 11 June 2018," reads part of the court's document in possession of Hivisasa, signed by Chief Justice David Maraga and his deputy Philomena Mwilu.
Mutua has in his appeal case enlisted the Independent Electoral and Boundaries Commission (IEBC), Machakos County Returning Officer, former Machakos gubernatorial candidate Wavinya Ndeti and her running mate Peter Mathuki as first, second, third and fourth respondents respectively.
"We hereby issue a conservatory Order restraining the 1st Respondent from certifying the gubernatorial seat of Machakos County vacant pending the hearing and determination."
"We also issue a conservatory Order against the Speaker of the County Assembly of Machakos assuming the office of the Governor of Machakos County pending the hearing and determination of the appeal."
"We likewise issue a conservatory Order restraining the 1st Respondent from announcing or conducting gubernatorial elections in Machakos County pending the hearing and determination of the appeal.
The orders were accordingly delivered on June 26.