MOHAMED ABDI MAHAMUD V. AHMED ABDULLAHI MOHAMED, AHMED MUHUMED ABDI, GICHOHI GATUMA PATRICK & INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: Maraga, CJ and

P; Mwilu, DCJ and VP; Ibrahim, Ojwang and Lenaola, SCJJ)

APPLICATION NO. 6 OF 2018

–BETWEEN–

MOHAMED ABDI MAHAMUD..........................APPELLANT

–AND–

AHMED ABDULLAHI MOHAMED........1^ST RESPONDENT

AHMED MUHUMED ABDI.......................2^ND RESPONDENT

GICHOHI GATUMA PATRICK.................3^RD RESPONDENT

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION..................4^TH RESPONDENT

(Appeal from the Judgment and decree of the Court of Appeal at

Nairobi by Hon. Justice Phillip Waki, Hon. Justice Patrick

Kiage and Hon. Justice Makhandia dated 20 April 2018)

May 3, 2018

Coram:

D.K. Maraga, CJ and P.

P.M. Mwilu, DCJ and V-P.

Ibrahim, SCJ

Ojwang, SCJ

Lenaola, SCJ

ORDER

While the appeal awaits hearing, there is an urgent situation affecting the Office of Governor of Wajir County. The applicant’s counsel has filed a certificate of urgency, supported by the affidavit of Mohamed Abdi Mohamad, the sitting Governor of Wajir County, dated 23^rd April, 2018. It is averred that the Governor’s office is destined to fall vacant and to be occupied by the holder of the Office of Speaker, on account of delay in hearing the applicant’s case on the merits and disposing of it.

In order to secure the forthcoming hearing before the Supreme Court, and to sustain the integrity of such finding and Orders as the Supreme Court may ultimately make, it is essential to preserve the subject matter of the appeal.

Accordingly, we hereby make this ORDER staying any and all actions bearing on the occupancy of the Governor’s office. The status quo shall not be disturbed pending the hearing and determination of the matter pending before the Supreme Court.

Orders accordingly.

DATED and DELIVERED at NAIROBI this 3^rd day of May, 2018

........................... ........................

D.K. MARAGA P.M. MWILU

CHIEF JUSTICE/PRESIDENT DEPUTY CHIEF JUSTICE and VICE

OF THE SUPREME COURT PRESIDENT, SUPREME COURT

.............................. ........................

M.K. IBRAHIM J.B. OJWANG

JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT

.........................

I. LENAOLA

JUSTICE OF THE SUPREME COURT

I certify that this is a true copy of the original

REGISTRAR,

SUPREME COURT OF KENYA