Machakos Governor Alfred Mutua not only lost the election following an appeal by his rival Wavinya Ndeti but the court also asked him to pay the cost of the suit.
At the High Court, Dr Mutua was a joyous man after Justice Aggrey Muchelule dismissed the election petition and asked Ms Ndeti to pay Sh10 million in costs.
But following the successful appeal, it is Dr Mutua who was condemned to pay the costs incurred by Ms Ndeti as she challenged the August 8 election results.
In the decision on Friday, Justices William Ouko, Mohamed Warsame and Gatembu Kairu directed the Independent Electoral and Boundaries Commission to pay a total of Sh2.5 million to Ms Ndeti.
Dr Mutua too, was directed to pay the same amount to Ms Ndeti.
“The 3rd respondent shall pay the appellants costs of this appeal, to be taxed, but not to exceed Kshs. 1,000,000.00,” the judges said.
The Sh1 million adds to the Sh1.5 million that Dr Mutua was ordered to pay as costs incurred by Ms Ndeti at the High Court.
“We direct IEBC to organise and conduct a fresh gubernatorial election for Machakos County in conformity with the Constitution, the Elections Act and the Regulations,” the judges said after ruling that the validity of the results could not be ascertained.
In Embakasi East, Paul Ongili Babu Owino was also saved from paying costs to his rival Francis Mureithi.
Justices Mohamed Warsame, Daniel Musinga and Kathurima M’Inoti directed Mr Mureithi to pay Mr Owino Sh4 million in costs.
“As costs follow the event, the appellant is awarded the costs of the petition in the High Court as against the 1st respondent, which are capped at Kshs.3,000,000,” the Judges ordered.
“The appellant is also awarded the costs of this appeal as against the 1st respondent which are capped at Kshs1,000,000.”
The appellate court upheld Mr Owino’s win, saying he was validly elected.
“It is hereby declared that the appellant was validly elected as member of the National Assembly for Embakasi East Constituency and the order nullifying his election and ordering fresh election is hereby quashed and set aside.”