High Court nullifies election of a Kilifi County Assembly member
Justice Edward Muriithi. The judge on Thursday set aside a Malindi magistrate’s court decision that upheld the election of Mr Mwathethe Adamson Kedenge as Shella Ward representative. He set aside the judgment of the election court dated August 15, 2013 and made an order that a fresh election be held in Shellah Ward of Malindi Constituency, Kilifi County. PHOTO/FILE.
What you need to know:
- Justice Edward Muriithi sitting in Mombasa set aside a Malindi magistrate’s court decision that upheld the election of Mr Mwathethe Adamson Kedenge as Shella Ward representative.
- There were also contradictions between the results shown on Form 35 in 18 polling stations and those recorded in the polling day diary.
- Justice Muriithi ruled that Mr Kedenge’s election was marred with a lot of irregularities saying there was a lot of inaccuracy on the number of votes he garnered.
A member of Kilifi county assembly has lost his seat after the High Court nullified his election.
Justice Edward Muriithi sitting in Mombasa set aside a Malindi magistrate’s court decision that upheld the election of Mr Mwathethe Adamson Kedenge as Shella Ward representative.
Mr Twaher Abdulkarim Mohammed of the Wiper Democratic Movement filed the appeal at the High Court after the Malindi magistrate’s court disallowed his petition and upheld Mr Kedenge's victory on an Orange Democratic Movement (ODM) ticket.
In his ruling Justice Muriithi ruled that Mr Kedenge’s election was marred with a lot of irregularities saying there was a lot of inaccuracy on the number of votes he garnered during the March 4, 2013 General Elections.
The judge said that forms 35from four polling stations were not made available.
There were also contradictions between the results shown on Form 35 in 18 polling stations and those recorded in the polling day diary.
The judge concluded that had the lower court ordered and recount in the affected polling stations, there was a likelihood that the election results would significantly change.
The High Court ruled that based on the irregularities in the polling day diaries it could not be determined who among the candidates in the election was validly elected.
Justice Muriithi said the irregularities affected the whole outcome of the election in Shella County Assembly Ward and subsequently Mr Kedenge’s election.
“The order which commends itself to the court is an order under section 75(3) (c) that a fresh election be held.
Accordingly the court hereby allows the appeal, sets aside the judgment of the election court dated August 15, 2013 and makes an order that a fresh election shall be held in Shellah Ward of Malindi Constituency, Kilifi County,” the judge ruled.
The Judge said the lower court denied itself an opportunity to make a finding as to whether Mr Kedenge had been validity elected by failing to order for scrutiny and recount of votes.
