Alfred Mutua among politicians set to know their elections fate

Machakos Governor Alfred Mutua will on Friday known whether the Supreme Court will save his job.

Legislators Julius Mawathe (Embakasi South), Gideon Konchellah (Kilgoris), Alfred Keter (Nandi Hills), Chris Karani (Ugenya), John Oyioka (Bonchari) and Safia Adan (Marsabit Woman Representative) will also know their fate on this day.

MUTUA'S CASE

In a notice to parties on Tuesday evening, the deputy registrar of the Supreme Court said it will rule on the eight cases and six other applications.

In Dr Mutua’s case, High Court judge Aggrey Muchelule dismissed Ms Wavinya Ndeti’s petition but the appellate court overturned the decision, faulting the returning officer for using the wrong form.

Justices William Ouko, Mohamed Warsame and Gatembu Kairu said Dr Mutua’s election was as the results were illegal and could not be verified.

Three voters from Kwale will also know whether they will be allowed to proceed with an appeal challenging the election of Governor Salim Mvurya.

They are Mr Suleiman Mwamlole Warrakah, Mwarapayo Mohamed wa-Mwachai and Matsudzo Hamisi Mwamrezi.

MAWATHE, KONCHELLAH

Justice Grace Nzioka dismissed the petition challenging the election of Mr Mawathe but the decision was overturned by the Court of Appeal.

Justices Daniel Musinga, Mr Warsame and Kathurima M’Inoti cancelled the politician's August 8 win citing irregularities, which they said affected the final outcome. The judges said the election was not free and fair.

Mr Konchellah lost his seat following an appeal by his rival and former minister Julius Lekakeny ole Sunkuli.

While nullifying Mr Konchellah’s election, the appeals court said it was proven that there was diversion, interference and alteration of the results from two polling stations by the presiding officer.

Justices Asike Makhandia, Daniel Musinga and Mr Kairu said the decision by High Court judge Martin Muya, to ignore claims of diversion of results from Enenkeshui Primary School polling station by one Onyinkwa Obara alias Leparan Jacob, was a grave omission.

KETER'S CAMPAIGNS

In Nandi Hills, Justice Kanyi Kimondo found that vocal MP Keter continued to campaign after the end of the stipulated period, thereby breaking the rules.

The decision was, however, overturned by the court of Appeal, necessitating the appeal at the Supreme Court.

Mr Karani, Mr Oyioka and Ms Adan also took their cases to the higher court in bids to reclaim their seats.

Mr Karani's election was nullified following a petition by former MP David Ochieng.