Alfred Mutua wins election case - Daily Nation

Alfred Mutua wins election case

Friday February 9 2018

Alfred Mutua.

Machakos Governor Alfred Mutua and his deputy Francis Maliti after a court upheld his election on February 9, 2018. PHOTO | STEPHEN MUTHINI | NATION MEDIA GROUP 

More by this Author

Supporters on Friday cheered, sang and danced inside and outside court after an election petition against Machakos Governor Alfred Mutua was dismissed.

Former Kathiani MP Wavinya Ndeti, the Wiper candidate for governor on August 8, 2018, had filed the petition, alleging irregularities.


Justice Aggrey Muchelule ruled that the governor was validly elected.

He said the bulk of the petition was based on the affidavits of one Dr Noah Akala, who was not called to testify and therefore the allegations could not be proved.

Justice Muchelule said there was no evidence that the petitioner's agents had been denied access to polling stations.

There was no proof that Dr Mutua engaged county government employees as agents of Maendeleo Chap Chap Party, the judge said.

Ms Ndeti had claimed that county employees worked for Dr Mutua in the election.

She had provided names, including the ID number of one of the workers, a Mr Urbanus Musyoka.

But the judge ruled that there was a possibility the petitioner had sought the details of Mr Musyoka from the county government offices.


The judge also ruled that there was no evidence to support bribery allegations against Dr Mutua.

Further the judge ruled that Form 37C, which was used to declare the winner of the governor position, had been signed by a Wiper Party agent indicating the party had accepted the results.

Judge Muchelule said the petitioner did not pursue their application for scrutiny of election materials which would have addressed most of the issues raised in the petition

"Had scrutiny been done, most of the issues raised by the petitioner would have been clarified," ruled Mr Muchelule.


He said despite some forms lacking stamps, all the forms had been dully signed and were therefore authentic.

"I have come to the conclusion that the petition lacks merit and ought to be dismissed," the Judge ruled.

He ordered Ms Ndeti to pay Dr Mutua Sh5 million and pay the Independent Electoral and Boundaries Commission a similar amount.

Addressing a huge crowd after the judgment, Governor Mutua welcomed all residents to work with him.

He said the win was important as it paved the way for his journey to State House in 2022.

"The train to 2022 State House journey has now left the station," Dr Mutua said.