Embu Governor Martin Wambora yesterday asked the Supreme Court to throw out an appeal by his political rival, former Senator Lenny Kivuti, to restore political sanity in the county.
Senior counsel Ahmednasir Abdullahi (for the Governor) raised a preliminary objection, saying the court lacked the power to interrogate the dismissal of Kivuti’s petition by the three-member Appellate bench on August 17.
Ahmednasir told the six-judge Bench, chaired by Chief Justice David Maraga, that Kivuti’s appeal did not raise any constitutional issue to justify any further judicial intervention. “This is a closed chapter. Embu voters are pleading for political sanity,” he said.
However, Kivuti’s lawyers, Senior Counsel Tom Ojienda and Fred Ngatia, said the Court of Appeal erred in overturning the nullification of Wambora’s election by High Court judge William Musyoka on March 20.
The judge found specific irregularities during polling and vote-counting and gave sufficient reasons to order a repeat election, they said.
Maraga, justices Ibrahim Mohamed, Jackton Ojwang, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola reserved their judgement for a later date.