Kivuti contests Wambora’s win at Supreme Court - Daily Nation

Kivuti moves to Supreme Court to challenge Wambora’s win

Thursday August 23 2018

Lenny Kivuti and Martin Wambora

former Embu Senator Lenny Kivuti (left) and Embu Governor Martin Wambora during a petition hearing in 2017. Mr Kivuti has now moved to the Supreme Court to challenge a Court of Appeal decision to overturn a High Court ruling nullifying Mr Wambora's win in the August 2017 elections. PHOTO | FILE | NATION MEDIA GROUP 

By JOSEPH WANGUI
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Former Embu Senator Lenny Kivuti has moved to the Supreme Court to challenge the decision by the Court of Appeal to uphold the election of Governor Martin Wambora.

In an appeal notice filed at the Nyeri Court of Appeal Thursday morning, Mr Kivuti indicated that he is dissatisfied with the entire judgment that overturned the High Court's decision nullifying Mr Wambora's election.

“Take notice that Mr Kivuti, being dissatisfied with the entire decision of the Court of Appeal on August 17, 2018 by appellate judge’s justices William Ouko, Daniel Musinga, and Fatuma Sichale, intends to appeal to the Supreme Court of Kenya against the whole of the said decision,” said the former senator through lawyer Tom Ojienda in a notice sent to Governor Wambora and the electoral commission.

FRESH ELECTION

Mr Kivuti wants the highest court in the land to invalidate Mr Wambora’s win and order for a fresh election.

He says he is not comfortable with the judges’ finding that Governor Wambora was validly elected.

The judges ruled that alleged election irregularities cited by Mr Kivuti in his petition could not be attributed to the governor.

The court held that the governor could not be penalised for the errors that marred the poll.

“The burden of proof was not discharged by the petitioner and therefore the High Court erred in invalidating the Martin Wambora’s election as governor of Embu County,” the judges ruled.

They also found that the High Court relied on evidence not presented before the court.

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