The elections, which were scheduled for Saturday, November 9, 2024, were delayed after Kitui Magistrate Karani Wairimu issued a conservatory order that temporarily stopped the process.
However, in a significant development on Monday, Justice Limo ruled to lift those orders, allowing the election to proceed without further hindrances.
In his ruling, Justice Limo also put a stay on the hearing of a petition filed in Kitui, highlighting that a similar case was already pending in the High Court in Nairobi.
He directed that the Nairobi court address the matter first, further delaying any immediate judicial intervention in Kitui.
Justice Limo rejected an application by Mr. Ogado, representing the petitioners, to extend the conservatory orders issued by the Kitui court.
He emphasized that since the initial ruling had already stayed the proceedings, the court could not revisit the petition’s merits or extend the earlier orders.
“The court, having made its determination on the basis of the petition filed in Kitui, cannot now revisit the issue,” Justice Limo explained, underscoring that the request to uphold the conservatory order was no longer valid.
FKF’s legal representative, Charles Njenga, welcomed the court’s decision, expressing relief that the elections could finally move forward.
He added that the electoral board now had the responsibility to issue instructions to the FKF chairman on how to proceed with the elections.