Wajir governor Mohamed Abdi has been handed a reprieve after the Supreme Court suspended the move to declare the seat vacant.
The comes after the county governor, whose academic papers have been questioned, moved to court to appeal the decision.
Through lawyer Tom Macharia, Mr Abdi said that the decision was not favorable to the people of his county.
Macharia said that the case should be reconsidered.
“Accordingly, we hereby make the order staying any and all actions bearing on the occupancy of the governor’s office,” the judges said.
Justices Philip Waki, Asike Makhandia, and Patrick Kiage have dismissed the first appeal after the governor failed to defend his academic history.
“The appellant did not file a response to the petition. We think that by dint of rule 11(8) of the Election Petition Rules, that omission was a grave default that would have entitled, nay required, the learned judge to exclude the appellant from the proceedings as a party,” they said.
In his ruling Justice Alfred Mabeya, said that the county boss did not deny any allegations leveled against him.
The governor had failed to appear in court to defend himself during the ruling that saw him lose his seat.