In her ruling, Justice Ngugi dismissed Mberia’s application and ruled it is not for the court to determine whether or not the Speaker will declare the seat vacant as a result of his conviction.
The judge further ruled that the court had not been shown a basis for staying the execution of a lawful judgment and sentence imposed against him under the Bribery Act. What this court can do is put in place administrative directions that enable the applicant to expeditiously prosecute his appeal and should it be successful, protect his entitlement to hold the public office that he seeks to protect, the judge ruled.
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