Council boss reinstated as poll is nullified

A court has nullified a county council election and reinstated a former chairman.

Sitting in a Garsen court, magistrate Julius Mulei Kituku ruled that the election that picked Mr Abdukassim Ahmed as chairman of the Lamu County Council to replace Mr Hassan Albeit was unlawful and declared it null and void.

He directed that Mr Albeit be reinstated. He also ordered the town clerk, Mr Patrick Ouya, to pay the costs of the suit. Mr Kituku said he would decide the costs on March 12.

He further advised the Commissioner of Police, Mr Mathew Iteere, to take “administrative action” against Lamu police boss Agostin Kimantaria, whom he said was perceived to have interfered with the delivery of justice during the controversial election.

The magistrate noted that if the police boss had been enjoined in the suit, the court would have punished him for contempt. “I was shocked by the conduct of the police, and mostly the OCPD, Lamu. The core duty of the police officer is to enforce the law without fear or favour and not play partisan politics, which the Lamu OCPD did,” he said.

At the same time, Mr Kituku set aside an order issued by the same court on November 9, 2009, committing the town clerk to civil jail for six months on the grounds that the law requires that he ought to have been personally served.

The magistrate dismissed five issues raised by Mr Ahmed’s side, including questioning the Garsen court’s jurisdiction to handle the case. The court found that at the time the suit was filed in Garsen, the Lamu court was on leave.

“In addition,” the magistrate stated, “This court has unlimited jurisdiction for civil proceedings, in accordance with the Magistrate’s Court Act.”