Court upholds Kitui Governor Charity Ngilu's election

Kitui Governor Charity Ngilu in a past photo. The High Court on March 2, 2018 ruled that she was validly elected. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Petitioner Julius Malombe had insufficient evidence to prove allegations of irregularity, court said.

The High Court on Friday evening ruled that Kitui Governor Charity Ngilu was validly elected.

In her judgment, Justice Pauline Nyamweya said petitioner Julius Malombe failed to table sufficient evidence to prove his claims of irregularities in the election.

RULING

The judge said claims that Dr Malombe's agents were denied access to polling stations were mere hearsay.

She added that Dr Malombe, the former governor, failed to prove that Ms Ngilu caused violence and intimidated his supporters.

On claims of voter bribery, the judge said no one saw Ms Ngilu bribing voters.

The only evidence that was proved was errors in tallying in 10 polling stations.

But the judge said they were not substantial to affect the final outcome.

She attributed the mistakes to human error and fatigue, as admitted by the returning officer.

The judge ordered Dr Malombe to pay Sh6 million in costs.

The judgment was read on her behalf by Justice John Mativo, as Judge Nyamweya was said to be unwell.