Kitui Court squashes orders stopping FKF elections

Kitui Judge Justice Richard Limo has stayed orders stopping the FKF election thus clearing  the way for the election that were not held last Saturday to get underway.

At the same time Justice Limo has also stayed the hearing of the petition filed in the Kitui as there was a similarone in the Milimani  high courts in Nairobi.

 He said the Nairobi case should be dispensed with first.

The judge also disallowed an application by the lawyer of the petitioners Mr. Ogado who had applied for the upholding of conservatory orders issues in Kitui last week stopping the FKF elections.

Justice Limo said that since the court had made its finding on the way the petition was filed in Kitui, it could not look back into the merits or the demerits of the petition and the issues around it.

“That will negate the decision the court made on the basis of the evidence provided. This court having stayed the proceedings cannot again be asked to extend conservatory orders as the orders have in effect being stayed,” said Justice Limo.

He thus ruled that the application for the extension of the conservatory order was thus not tenable and therefore disallowed.

Charles Njenga, the lawyer for FKF thanked the court for listening to his side after the polls were stalled last week. He said the court had established that the petition had gone to court in bad faith and had not disclosed all the facts as the aim was to scuttle the FKF elections.

He told the media outside the Kitui laws courts after the Judge’s ruling that since the earlier orders were now nugatory the FKF election  could  now  proceed  with  the stay orders  have been stayed.

He said it was now up t the electoral board to issues directions to the chairman on how to proceed with the polls.

On November 9, 2024, Kitui Magistrate Karani Wairimu issued Conservatory order restraining the holding FKF election on the 9th November 2024

 The Wairimu said that the orders would remain inforce until November 12 Preliminary Objection raised by 1st interested party was heared and determined on 12/11/2024 at 8.30am before Justice Limo.

The court further said all interested parties were at liberty to file and serve replying affidavits by close of business on 11th November, 2024.

They are further advised to avail physical copies of the same to this Court on top of filing in the Case Track system.

Ends