Martin Wambora takes Embu battle to the Court of Appeal

Martin Wambora has filed an appeal against High Court judgement that nullified his election as Embu governor.

Through lawyer Kithinji Marete, the governor wants the appeals court to set aside the judgment and also dismiss the petition that was filed by former Senator Lenny Kivuti.

Mr Kivuti vied for the gubernatorial seat on a Maendeleo Chap Chap party ticket.

The appeal was filed in Nyeri on Tuesday.

DECISION

The lawyer faulted Justice William Musyoka of the High Court for ruling that the governorship election in the county was marked by massive irregularities that compromised the integrity of the electoral process.

He argued that the court initially prejudiced the governor for allowing interference with the electoral materials without his presence.

“The judge failed to uphold the results declared by the Independent Electoral and Boundaries Commission in light of the unlawful interference with the preservation of the electoral materials used in the subject election by Lenny Kivuti and his agents,” said the lawyer.

He observed that the order of scrutiny and recount of votes made on August 28, 2017 by Justice Florence Muchemi had no basis, since it was made on grounds of narrow margin of victory in the polls.

“The judge erred in law in determining the petition on basis of matters beyond the pleadings and evidence presented before him in the petition and which were in fact not part of the court record,” said Mr Marete.