The procedure and processes of declaring the winner of the Gubernatorial election in Machakos last year will formed the crux of what Supreme court judges will prod as they retreat to write a judgment on the appeal filed by Machakaos Governor Alfred Mutua.
Mutua is seeking to overturn an Appellate court decision that nullified his win in June.
Lawyers representing Mutua, his political rival Wavinya Ndeti and IEBC disagreed on the process and due procedure for declaring a valid winner with the Supreme Court failing to set a date for the day it would deliver its verdict.
On June 8, the court of Appeal nullified Mutua’s election effectively overturning a High Court decision that had upheld his win and ordered a fresh election.
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The Judges unanimously agreed that the declaration of the results failed to meet the constitutional threshold and were not verifiable.
Mutua filed an appeal at the Supreme Court that came up for hearing.
The heart of the case being the Verifiability test of the results.
While Wavinya’s Lawyer Ahmednassir Abdullahi contested the form 37 C used to declare the results while claiming that the County Returning officer in declaring the results had omitted results from 145 polling stations, Mutua’s who was being represented by Senior Counsel Kioko Kilukumi and IEBC disputed the results presented by Wavinya as a hoax.
Mutua putting up a spirited fight faulted the Supreme Court for nullifying the elections.
Though his Lawyers would admit to a slight deviation in declaration of results, they told the judges that the results would not have been affected by the deviation as it only altered the form not the substance of the results.
But IEBC would find itself in a tight spot as the judges put them to task on the process and procedure of declaring the results in strict adherence to election regulations.
While the Supreme Court will notify the parties of a the date when they would deliver the verdict, however the ruling goes it will be the end of the political road for either party.
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Public officers above 58 years and with pre-existing conditions told to work from home: The Standard
In a document from Head of Public Service, Joseph Kinyua new measure have been outlined to curb the bulging spread of covid-19. Public officers with underlying health conditions and those who are over 58 years -a group that experts have classified as most vulnerable to the virus will be required to execute their duties from home.
“All State and public officers with pre-existing medical conditions and/or aged 58 years and above serving in CSG5 (job group ‘S’) and below or their equivalents should forthwith work from home,” read the document,” read the document.
To ensure that those working from home deliver, the Public Service directs that there be clear assignments and targets tasked for the period designated and a clear reporting line to monitor and review work done.
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Others measures outlined in the document include the provision of personal protective equipment to staff, provision of sanitizers and access to washing facilities fitted with soap and water, temperature checks for all staff and clients entering public offices regular fumigation of office premises and vehicles and minimizing of visitors except by prior appointments.
Officers who contract the virus and come back to work after quarantine or isolation period will be required to follow specific directives such as obtaining clearance from the isolation facility certified by the designated persons indicating that the public officer is free and safe from Covid-19. The officer will also be required to stay away from duty station for a period of seven days after the date of medical certification.
“The period a public officer spends in quarantine or isolation due to Covid-19, shall be treated as sick leave and shall be subject to the Provisions of the Human Resource Policy and procedures Manual for the Public Service(May,2016),” read the document.
The service has also made discrimination and stigmatization an offence and has guaranteed those affected with the virus to receive adequate access to mental health and psychosocial supported offered by the government.
The new directives targeting the Public Services come at a time when Kenyans have increasingly shown lack of strict observance of the issued guidelines even as the number of positive Covid-19 cases skyrocket to 13,771 and leaving 238 dead as of today.
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Principal Secretaries/ Accounting Officers will be personally responsible for effective enforcement and compliance of the current guidelines and any future directives issued to mitigate the spread of Covid-19.
Uhuru convenes summit to review rising Covid-19 cases: The Standard
The session will among other things review the efficacy of the containment measures in place and review the impact of the phased easing of the restrictions, State House said in a statement.
This story is being updated.
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