Waititu to move to Court,wants Kidero’s seat declared vacant
Kabete MP Ferdinand Waititu has instructed his lawyers to move to the Supreme Court to seek the review of a ruling in his petition against Nairobi Governor Evans Kidero.
Lawyers Paul Muite, Ahmednasir Abdullahi and Harrison Kamau said they would file an application to declare the Nairobi Governor seat vacant.
“By next week we shall file an application at the Supreme Court to declare the seat vacant and throw out Kidero,” Abdullahi said via Twitter on Friday.
During a press briefing on Friday, Waititu asked Kidero to step aside until he is cleared of claims he gave Supreme Court Judge Philip Tunoi Sh200 million for a favourable ruling in the petition.
While demanding the review , Waititu said revelations “clearly indicate” elections for the Governor post were marred with massive electoral malpractices and must be properly investigated. He asked for a copy of the CID report of the probe.
The MP wants detectives and Ethics and Anti-corruption Commission to promptly probe the claims and ensure those involved are prosecuted.
He also wants Kidero’s victory nullified and a fresh election called in Nairobi, as was the case when the Court of Appeal determined that Kidero and Deputy Governor Jonathan Mueke were not validly elected.
Tunoi has denied the allegation that he received the amount in August 2014 to facilitate a ruling against Waititu, who was then Kidero’s rival for the seat.
Kidero has also denied giving the bribe and said he is confident he will be cleared . He said while a “clique of people wanted to haunt him out of office, he had faith in the constitution”.
The allegations were made by Geoffrey Kiplagat, a journalist who claimed to have been the middleman.
But the Judicial Service Commission team probing the matter found Tunoi has a case to answer and recommended that he faces a tribunal.
Chief Justice Willy Mutunga said in a television coverage on Friday that the committee would advise that President Uhuru Kenyatta sets up a tribunal to probe the claims