•Ngendo filed an application in court on December 23 seeking to be enjoined in the case challenging Mwendwa’s nomination as DG.
•He also sought to have the IEBC enjoined and an order stopping the Nairobi county assembly from vetting Kananu lifted.
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The High Court will on Thursday determine whether it will allow a Nairobi voter to be enjoined in a case challenging the nomination of Anne Mwendwa Kananu as the Deputy Governor (DG).
The matter was listed for directions on Monday but Justice Grace Nzioka said parties in the case did not delve on enjoinment of Josephat Ngendo but on an order that seeks to suspend the gazette notice issued by the independent Electoral and Boundaries Commission (IEBC) calling for the Nairobi gubernatorial by-election.
"My direction is that we are unlikely to be discussing suspending the by-election when the Interested Party has not been enjoined in the case. We should have dealt with the prayer seeking enjoinment of Ngendo and IEBC before arguing on the gazette notice that’s calling for the by-elections,” she told parties in the case.
Ngendo filed an application in court on December 23 seeking to be enjoined in the case challenging Mwendwa’s nomination as DG. He also sought to have the IEBC enjoined and an order stopping the Nairobi county assembly from vetting Kananu lifted. Also sought in his application was an order to suspend the Gazette notice calling for the Nairobi gubernatorial by-election slated for 18 February.
But as the case was proceeding before Judge Nzioka, a different court issued orders stopping the by-election.
The matter before Nzioka had been going on since morning. Parties were to come for directions but the session turned into arguments of representation, allegations of mischief, conspiracy and later a request by Peter Agoro to withdraw his case.
Agoro who was present during the proceedings was even forced to provide his National Identity card to prove he is the petitioner in the case. He also told the court that he does not know a lawyer by the name C.N Ongoto who was purporting to represent him in the case. The court was informed that there had been a change of advocates representing Agoro with the new Lawyer going by the name Guandaru Theuri.
The issue of representation became a heated argument especially after Ongoto said there was mischief on the part of some parties in the case. This forced the Judge to adjourn the matter from 12:30 to 2pm.
When the court reconvened, Theuri and Ongoto had still not resolved the issue of representation. It was only settled after Theuri said his client has never met Ongoto and he has since filed a complaint.
The Judge then proceeded to deal with the main issues before court. She said Ngendo cant seek to have the IEBC enjoined in the case when he himself is not a party. As she was giving her directions, Ngendo’s lawyer interjected saying the court had not heard him regarding his application for joinder.
“Im sorry but the impression I got this morning was that the court had been cleared,” said the Judge.
But even before the Judge could go any further, Theuri interjected saying his client Agoro had instructed him to withdraw the case.
But Nzioka declined to entertain him saying she will first deal with the application by Ngendo seeking enjoinment in the Mwenda case.
After submissions were made, the Judge directed the parties to appear in court today for the ruling.