Kitui Judge Justice Richard Limo has stayed orders stopping the FKF branch election, thus opening the way for the elections that were not held last Saturday to proceed on Thursday, November 14, 2024
At the same time, Justice Limo also stayed the hearing of the petition filed in the Kitui, as there was a similar one in the High Courts. 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 been stayed,” Justice Limo said.
He thus ruled that the application for the extension of the conservatory order was not tenable and therefore disallowed.
Charles Njenga, FKF lawyer, thanked the court for listening to their side after the polls were stalled last week.
He said it was now up to 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 a conservatory order restraining the holding FKF election.