Court upholds election of Machakos Governor Alfred Mutua, Ndeti to pay Sh4.5M for litigation
Governor Alfred Mutua speaks to residents at Machakos bus park. Photo/FILE
What you need to know:
- According to Ms Wavinya Ndeti, IEBC announced results that did not reflect the voting that took place.
- Justice Majanja however dismissed her case saying the arguments presented were too weak to convince him to overturn the results.
- He directed that Ms Ndeti pay Sh4.5 million to the respondents as cost of litigation.
The High Court has upheld the election of Alfred Mutua as Governor of Machakos County.
Justice David Majanja dismissed the petition filed by former Assistant Minister Wavinya Ndeti challenging the election of Dr Mutua.
He then directed that she pay Sh4.5 million to the respondents as cost of litigation.
Hundreds of supporters of the two rivals jammed the court room to hear the verdict of the case which has taken six months to conclude.
Ms Ndeti was in the company of her Nigerian husband Henry Oduwale while Dr Mutua had his Cabinet members, deputy Bernard Kiala and chief officers by his side.
The two sat pensively on opposite forms as Justice Majanja delivered the ruling.
PASTED POSTERS
Ms Ndeti, who was represented by lawyer Harrison Kinyanjui, had argued that the Independent Electoral and Boundaries Commission erred in declaring Dr Mutua as governor citing alleged irregularities.
She claimed Dr Mutua committed an offence on the eve of the election day pasting campaign posters on roads leading to polling stations which is in breach of the Election Act and Code of Conduct.
According to her, IEBC announced results that did not reflect the voting that took place.
Ms Ndeti also argued that that the votes cast across polling stations in eight constituencies of Machakos County were in excess of the total number of registered voters.
“Such an electoral result cannot be lawful or valid,” she maintained during the hearing.
WEAK ARGUMENTS
Justice Majanja however dismissed her case saying the arguments presented were too weak to convince him to overturn the results.
“The defendants did not commit any election offence; the IEBC conducted a free and fair election process and the petitioner (Ms) Ndeti has not proved her case to the satisfaction of the court,” Justice Majanja ruled.
Dr Mutua's supporters burst into song and dance carrying the governor shoulder high around the streets of Machakos on Tuesday.
“The will of the people has been upheld by the Court, now we govern effectively and deliver to you the positive developments that I and my team promised during our campaigns,” Dr Mutua said.
